applicable from May 25, 2018


Article 1: object


These General Terms and Conditions of Sale are intended to define the terms and conditions, in French, of the distance selling of the Products (hereinafter "the Products") presented on the site www.horus-epharma.fr (hereinafter the "Site") between:


- on the one hand, Horus Pharma, SAS (simplified joint-stock company) with a capital of 2,051,130.20 euros, which head office is located at SAINT LAURENT DU VAR (06700), 148 avenue Georges Guynemer Cap Var, and registered at the Trade and Companies Register of Antibes under the number B 445 317 043, CODE NAF 7219Z, intra-community VAT: FR 17 445 317 043 (hereinafter the "Seller").


The Seller's details are as follows



Horus Pharma

148 avenue Georges Guynemer Cap Var

06700 saint Laurent of the Var


Phone number

04 93 19 54 05

Fax number:

04 93 19 54 05

E-mail adress 



The Seller's activity is the development and marketing of products dedicated to the health and comfort of the eye.


The Seller ensures the marketing of its products through the Site.


- on the other hand, any non-professional natural person residing in Metropolitan France, Corsica, or Monaco, having the legal age majority and the full legal capacity to conclude a sales contract, visiting and / or making a purchase on the website www.horus-epharma.fr (hereinafter "the Customer"),


The Seller and the Customer being hereinafter referred to collectively as the Parties (hereinafter "the Parties").


In addition, these General Conditions of Sale define the terms and conditions of the sale by the Seller to the Customer browsing the Site of the products offered on the Site (hereinafter the Product / s). Purchases of Products for resale are strictly prohibited.


Any order placed on the site www.horus-epharma.fr implies full and complete acceptance of these General Conditions of Sale by the Customer, with the exception of all others, and express adhesion to them. It is stated that the Seller reserves the right to adapt these Terms and Conditions of Sale or to modify them at any time. In this case, the parties will apply the General Terms and Conditions of Sale in force on the date of the order placed by the Customer.


Article 2 - Generalities and Terminologies




Products: All products offered by the Seller on his Site.


Site: The Seller's website accessible at www.horus-epharma.fr.


Member(s): Any internet user having entered personal data on the registration form on the Site and having after receiving a confirmation email definitively validating his HORUS PHARMA account.


Customer (s): Effective customer of goods or services offered by the Seller.


The Seller's General Terms and Conditions define the rights and obligations of the parties in connection with the Seller's sale of Products to the Members of the Website. www.horus-epharma.fr.


The Member declares to have read and accepted the rights and obligations relating thereto.

The Seller's General Terms and Conditions define the rights and obligations of the Parties in connection with the Seller’s sale of Products by the Seller to the Members of the Website. www.horus-epharma.fr (hereinafter referred to as “the Site ").


The Member declares to have read and accepted the rights and obligations relating thereto.


Article 3 - Products

The information on the essential characteristics of the Products and their prices are available in a visible and comprehensible manner within each Product file appearing on the Site. The Customer declares to have read it before placing an order.


The Seller warrants the detailed description of the Products presented. The photo associated with the description is not contractual.

The Seller's business is highly regulated and controlled by the National Agency for the Safety of Medicines and Health Products (Agence nationale de sécurité du médicament et des produits de santé). The regulations limit and regulate the communication regarding health or use of the Seller's Products.


This Site is not intended to provide, in any way, advice on health or pharmacy, or consultations in these areas. Any information in this regard should be requested from a doctor or pharmacist. Therefore, the Member or the Client acknowledges to be fully informed that the information contained on the Site is not intended, in any way whatsoever, to:


- Give medical advice;

- provide a diagnosis;

- Replace the consultation, advice or recommendations of a health professional.


Products offered for sale are photographed, described and presented as accurately as possible. However, the differences that may exist between the Products and their photographs, especially in terms of colors, cannot constitute grounds for cancellation of the sales contract nor engage in any way the responsibility of the Seller.


It is stated that the photographs illustrating the Products have no contractual value.


The purchase of Products on the Site for resale is strictly prohibited.


Article 4 - Access and Administration of the Site (Host)

The telecommunication costs inherent in accessing the Site remain the sole responsibility of the Customer.


The Seller reserves the right to terminate, modify, suspend, restrict or discontinue access to all or part of its sites, content, features or hours of availability, without notice.


Direct and permanent storage for the provision of the site to the public is provided by Alloga company.


Article 5 - Intellectual Property

Copyright and Secondary Rights:


The Seller owns the rights to the texts, the general architecture, the animated images or not, the graphics and the sounds of the Site.


In accordance with the Code of Intellectual Property, any representation or reproduction in whole or in part made without the consent of the Seller is unlawful. It is the same for translation, adaptation or transformation, arrangement or reproduction by any art or process.


The violation of the provisions of Article L122-4 of the Code of Intellectual Property constitutes an infringement within the meaning of Article L335-2 of the Code of Intellectual Property, which constitutes an offense punishable by 3 years imprisonment and 300 000 euros fine. The content of the Site, including text and images, is protected by copyright and other intellectual property rights and, unless otherwise indicated, may not be used, modified, transmitted or reused without prior written permission. from the seller.


The Member or the Customer agrees to report to the Seller without delay any case of fraud and / or unauthorized access of which he becomes aware. Similarly, all visual elements, whether or not registered as trademarks or otherwise, whether or not accompanied by acronyms, ®, or ©, as well as the presentation and content of all the articles, press reviews, and more generally any information appearing on the sites is the exclusive property of the Seller or third parties with which the latter has concluded agreements by allowing the diffusion.


Any use of the data or information coming from the Site must obligatorily mention the Seller as a source of information and is imperatively subordinated to the prior obtaining of a formal written authorization of the Seller.


The Customer who has a website for personal use and who wishes to place, for personal use, on its website a link directly to the Homepage of the Seller's site, must obligatorily request the Seller's permission. In any case, this said link cannot be understood as an implicit agreement.


Any unauthorized link must be removed upon request of the Seller, the latter reserving the right to introduce any procedure he deems necessary.




The Seller's names and logos are registered and protected trademarks. Any use of the name and / or logo of the Seller or its products requires prior written permission of the Seller. In the absence of such authorization, the Member is liable to criminal prosecution. The reproduction, imitation, use, affixing, deletion or modification of a trademark constitutes an infringement punishable by 3 years of imprisonment and a fine of 300,000 euros.


The brands of Products, trade names and logos, designs and, more generally, all copyrights and industrial and intellectual property rights belonging to the Seller or its affiliates or of which the Seller or its affiliates have the rights of use (collectively the "Trademarks") appearing on this Site are Trademarks of the Seller and / or companies of the HORUS Group. No mention in the Site shall be construed as conferring, implicitly or otherwise, any assignment, license or right to use any Trademarks appearing in the Site without the prior written permission of the Seller or any third party holder of such Trademarks commercial.


Nothing in these General Terms and Conditions of Sale shall be construed as granting the Customer or the Member any right of any kind whatsoever over the elements protected by intellectual property, which the Seller may own or use. The Seller shall use all legal means to ensure the protection of its intellectual and / or industrial property rights, including any civil and / or criminal prosecution.


Article 6 - Product prices

Article 6.1: The prices

The prices of the Products are those indicated in Euros All Taxes Included on the Site on the day of the placing of the order. They take into account the VAT at the rate in force in France on the day of the order as well as the discounts consecutive to any promotional operations in progress (promotions ...).


They are guaranteed subject to a manifest error of typography or printing. These prices do not include any flat rate contribution to the shipping costs in force on the day of the order.


The price including all taxes of each product is indicated in the corresponding product sheet. The shipping costs of the Member's order will be indicated before the final validation of the latter. They are 6.60 € when the cart amount is lower than 34.90 €, and free if the order exceeds 34.90 €. Once the order has been validated, prices and fees will remain accessible in the "My Account" section, "Track my order" tab of the Website.


The Seller reserves the right to change prices at any time. However, the products will be billed based on the rates in effect at the time of order registration.


Non-compliance by the Customer with the obligations subscribed under these General Terms and Conditions of Sale, and in particular with regard to any incident of payment of the price of an order may result in the suspension of access to the service of www.horus-epharma.fr or even the termination of his Member Account depending on the degree of severity of the acts in question, without prejudice to any damages that may be requested by the Seller. Accordingly, the Seller reserves the right to refuse any order from a Member with whom such a dispute exists.


Article 6.2 Discount on prices:


Discounts will be applied to the Member's cart according to the amount of the cart:


- 5% discount for a cart amount between 49 € and 74.99 €,

- 10% discount for a cart amount between 75 € and 94.99 €,

- 15% discount for a cart amount above than 95 €,

- 20% discount for a cart amount above than 140 €.


Article 7 - Order

Article 7.1: Terms of orders

a / Customer Identification

Any new Customer must, prior to his order or during his order, identify himself and fill out a form containing the following mandatory information: title, surname, first name, postal address, email address, phone (landline or mobile), personal password. This information will be available to the Customer in the "My Account" section and will enable him, during subsequent orders, not to have to fill in again the identification information necessary for placing an order.


No order can be validated if the Customer has not previously completed all the mandatory fields of the identification form or if the Customer has not authenticated through his existing account.


b / Establishment and validation of orders

Members have the possibility to order on the internet with www.horus-epharma.fr. The Customer interested in one or more Product (s) presented on the Site must follow the following process in order to establish his order online: (i) Addition of the selected Product (s) to the cart. Access to the cart is possible at any time until payment, (ii) Identification of the Customer if he has not previously created a customer account or connection of the Customer to his account, (iii) Choice of the method of delivery after the Customer has been aware of the corresponding shipping costs, ( iv) Choice of the method of payment and acceptance of these Terms and Conditions after having read them.


c / Order confirmation

The Member warrants that he is fully entitled to use the payment card for the payment of his order and that these means of payment give access to sufficient funds to cover all the costs resulting from the use of the payment services. www.horus-epharma.fr.

By clicking on the button "Order and pay" during the ordering process, and after having verified the contents of the order in its "Cart” , and if necessary, having modified it, the Member declares to accept fully and without reserve all of these General Terms and Conditions of Sale.


After having confirmed the contents of his order, the Member will validate it definitively by the payment. The order will be final only after the payment of the corresponding price.


Upon payment, whatever the mode, the Seller will systematically confirm the support of the order of each Member directly on the web page after validation of payment.


An e-mail containing the invoice paid for the purchases made will be sent to the Customer once the payment has been confirmed. Only this last email triggers the preparation of the order at the Seller.


It is therefore specified that the order will not be validated in the event of partial or total non-payment by the Customer. In addition, the Seller reserves the right not to deliver the order in the event of an ongoing dispute between the Parties relating to one or more previous orders.


Article 7.2: Tracking and archiving the order

The Customer will be able to consult the summary as well as the follow-up of his order at any time, by connecting on the Site, heading "My Account / Order History".

The invoice, once issued, will also be available under this heading.


Article 8 - Payment of the order

The Seller has put in place the necessary technical means to secure orders and payments made on its Site (see Article 7).


The payment of the Products is made, as previously stated, at the time of the validation of the order by the Customer.


It is done exclusively:

(i) by credit card (Visa or Mastercard). The bank account corresponding to the card used for payment is then debited immediately.

(ii) by Paypal account in accordance with the general terms and conditions of use available via this link: ttps: //www.paypal.com/en/webapps/mpp/ua/useragreement-full.

(iii) by bank check made out to Horus Pharma and sent by post to 148 avenue Georges Guynemer Cap Var 06700 Saint Laurent du Var, France.



Article 9 - Securing payments

Article 9.1: Transmission of information when paying by credit card

The Customer is invited at the end of the order to indicate his card number, the date of validity and the last three digits on the back of it. Different accesses to authorization distributors are then made to verify the data to prevent abuse and fraud. For this, the server is in encrypted mode and all the information conveyed is encoded. None of this data is transmitted visibly over the Internet.

In any case, the online supply of his card number and the final validation of his order will be proof of the validation of the order by the Customer and the payability of the sums due in execution of said order.

This validation is worth signature and express acceptance of all the operations carried out on the Site.


Article 9.2: Security and control devices

To ensure secure payments, the Site uses BNP Paribas secure payment service. This service integrates the SSL security protocol, version 3.

The confidential data (the 16-digit bank card number and the expiry date) are transmitted directly encrypted on the BNP Paribas server without passing on the physical media of the Seller's server.

When the order is validated, the payment request is sent in real time to the BNP Paribas secure payment manager. The latter sends a request for authorization to the bank card network. The electronic payment manager issues an electronic certificate.

The Seller controls all orders that have been validated on the Site by the Customer. These controls aim at protecting the Seller and his Customers from abusive practices operated by fraudsters.

For an order that has a delivery address different from the billing address, Seller's services may be required to contact the two persons mentioned; namely, the person attached to the billing address and the person indicated for the delivery address.

As part of these procedures, the Seller's services may be required to ask the Customer for all the documents necessary to release his order: proof of residence and debit in his name, but also proof of address in the name of the person indicated for the delivery address, etc. These requests are made by email and / or telephone. In the absence of a response from the Customer within 2 working days from the request for additional information, the Seller, unable to validly honor the order, may cancel the order.

The information provided in the order form is notably subject to automated data processing. This automated data processing is intended to define a level of analysis of a transaction and the fight against credit card fraud.

The erroneous transmission of data by the Customer on the order form prevents the execution and analysis of his order.

The occurrence of an outstanding payment due to the fraudulent use of a credit card will result in the registration of the person whose details appear on the purchase order associated with the outstanding payment to an incident payment file. An unlawful declaration or an anomaly may also be the subject of a specific treatment.



Article 10 - Availability of Products and Services

Only Products presented on the Site on the day of Customer's order are available for sale via the internet and may be the subject of a purchase.


However, if the Purchased Product becomes unavailable, temporarily or permanently, after the validation of the order, the Seller agrees to inform the Customer within 72 (seventy-two) business hours from the validation of the constituent elements of the order.


The Seller will then refund the product as follows:

- If the Product becoming unavailable was the only constituent of the order, the Seller will refund to the Customer the entire order, including shipping costs.

- If the Product becoming unavailable represented only a part of the Products ordered, the Seller will refund to the Customer the price of the Product becoming unavailable, excluding shipping costs, if applicable, given the lump-sum nature of these costs.


The refund of the concerned amount will be made, within a period of 30 days from the payment of the sums paid, according to the payment method chosen by the Customer at the time of the validation of the payment by credit (i) of the bank account corresponding to the credit card used for payment, (ii) or the Paypal account according to Paypal terms and conditions of use.


Article 11 - Right of withdrawal

The Customer has a legal period of fourteen (14) days to retract without giving any reasons.


To do so, it is sufficient for him/her to transmit his/her communication relating to the exercise of the right of withdrawal before the expiry of the fourteen (14) day period after the day on which the latter or a third party designated by him other than the carrier, takes physically possessing the Product (s). 


To exercise the right of withdrawal, the Customer must, as desired, notify his decision to retract:

  • by means of the withdrawal form available in the appendix of these General Terms and Conditions of Sale and in "My Account" section, then "Make a return";
  • by means of an unambiguous statement.


The Customer must send back or return the goods, in new condition in their original packaging, intact, taking into account the properties of the product without excessive delay and, in any case, no later than fourteen days after having communicated his/her decision of retraction. This period is considered respected if the property is returned before the expiry of the withdrawal period of fourteen days.

While doing so and although this is not mandatory, the Seller recommends that the Customer, within the withdrawal period, complete the form, print it and insert it into the Product return parcel.

The Seller also recommends the Customer to use a parcel tracking service. In case of dispute, proof of shipment may be requested from the customer.

Requests for retraction and returns of Products should be sent to:


Horus Pharma

148 avenue Georges Guynemer Cap Var

06700 saint Laurent of the Var



or by e-mail to the following address: Service.clients@horus-pharma.fr



The Customer shall bear the direct costs of returning the goods. In the unlikely case that any Product, because of its nature, cannot normally be sent by post, the Seller will inform the Customer of the cost of returning the goods prior to the order.

It is understood that the Customer must return the product in the new condition in its original packaging, intact, taking into account the properties of the product, and it cannot under any circumstances be opened, tested or used. In addition, the Product must be accompanied by any accessories, instructions for use and documentation.

The responsibility of the Customer to be engaged with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.

In the event of withdrawal, the Seller will refund all payments received from the Customer, including delivery charges (with the exception of additional charges arising from the fact that the Customer has chosen, if applicable, a delivery method other than the standard mode of delivery less expensive offered) without undue delay and, in any case, no later than FOURTEEN (14) days from the day on which it is informed of the Customer's withdrawal decision.

However, the Seller may defer the refund until he has received the goods or until the Customer has provided proof of shipment of the goods, the date chosen being the date of the first of these facts.

The Seller will refund using the same means of payment that the Client used for the initial transaction (credit on the Member's bank account), unless the Customer expressly agrees to be delivered goods of  equivalent quality and price;

In any case, this refund will not incur any costs for the Customer.


Article 12 - Delivery


Article 12.1: Delivery methods


The Products ordered will be delivered by "Chronopost" to the address entered during the placing of the order.


Article 12.2: Delivery time from the handling of the parcel by the carrier


The delivery is done by the "Chronopost" service whose normal delivery time is 2 working days, except in case of force majeure.


The attention of the Customer is drawn to the following facts;

- any order placed by the Customer on Friday, Saturday or Sunday will not be processed by the Seller until the following Monday;

- The time indicated above runs from the parcel handling by the carrier.

- Orders placed by the Customer on a holiday will be processed the next working day.


The Customer is invited to consult regularly the follow-up of his order under the heading "My account", "My order", and in case of prolonged delay of the delivery, the Customer is invited to get in touch as soon as possible with the Seller's Customer Service indicating the constituent elements and references of the order.


Delivery is made in mainland France, Corsica and Monaco. The time indicated in the "Delivery" section is the usual average time and corresponds to the shipping preparation processing time (on average 24 hours) plus the delivery time (on average 48h).


Article 13 - Guarantees

13.1 The Seller's Customer Service Guaranteeing Product Conformance


The Seller declares that he is able to sell on the Site all the Products posted which he holds the entire property.


The Seller is held liable to the defects of conformity of the good with the contract under the conditions of the article L. 211-4 and following of the code of the consumption and the hidden defects of the thing sold under the conditions provided in articles 1641 and following of the code civil.


All claims under the legal warranty of conformity and under the warranty of defects of the thing sold, can be made to the customer service of the Seller at the following address:


Address :

Horus Pharma

148 avenue Georges Guynemer Cap Var

06700 Saint Laurent of the Var



For any request, it will be necessary to attach a description as accurate as possible about the problem encountered by completing the form in the "My Account", "Make a return".


13.2 Legal guarantee of conformity


The Seller reminds that when acting as a legal guarantee of conformity, the Customer:


- benefits from a period of two years from delivery of the property for action;

- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;

-is exempted from reporting proof of the lack of conformity of property during the twenty-four (24) months following the delivery of the property.;

- the legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.


All reservations that the Customer intends to make on the condition of the delivered Products (nonconformity, manufacturing defect, transport damage, etc ...) must be mentioned on the delivery note. In the absence of mention on the delivery note, the Seller can demonstrate that the lack of conformity did not exist at the time of the sale.


The guarantee is excluded for any deterioration coming from causes that are foreign to the intrinsic qualities of the Products, such as those resulting from an abnormal use (load, humidity or excessive heating, etc ...) or because of the Customer (transportation).


The guarantee is also excluded because of the defects that the Customer knew and that he could not ignore when he contracted.


13.3 Legal guarantee of hidden defects


The Customer may decide to implement the guarantee against hidden defects of the thing sold within the scope of Article 1641 of the Civil Code and that in this case, he may choose between the cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.


In accordance with the provisions of Articles 1641 et seq. of the French Civil Code, the Seller guarantees the Customer of all the harmful consequences of defects and latent defects that the Products sold may reveal, provided that they are reported to him without delay and in any condition, no later than two years from the discovery of the defect.


Upon delivery of the order, the Customer is obliged to check the Products. The Seller will not be held liable for defects that the Customer could detect, by himself, after an apparent examination of the Product sold.


Any deterioration, including aesthetic, resulting from defects or hidden defects that would occur in use and which the Customer could not have known at the time of delivery are covered by the warranty, on condition of rendering the thing unfit for the use for which it was intended, or which diminishes this use so much that the customer would have not acquired it, or would have given a lower price, if he had known .


On the other hand, the guarantee is excluded for any deterioration coming from causes foreign to the intrinsic qualities of the Products, such as those resulting from an abnormal use (load, humidity or excessive heating, etc ...) or because of the Customer (transport).


In any case the Customer must provide proof of the existence of the hidden defect on the day of delivery.



Article 14 - Liability

The Products marketed on the Site are subject to the guarantee conditions provided for by French law.


The Seller cannot be held responsible for the non-fulfillment of the order concluded in case of occurrence of a force majeure event.


The Seller's liability cannot be held  for any inconvenience or damage arising from the use of the Internet and totally outside the care and precautions taken by the Seller.


In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses, cannot engage the responsibility of the Seller.


Article 15 - Personal data / Confidentiality

The Seller informs the Member that this data will be used exclusively by its internal services, (i) for the processing of the Member's order, (ii) To reinforce and personalize the communication, especially by sending newsletters or special offers if the Customer agrees to receive them by ticking the box provided for this purpose.


Some information is marked with a red asterisk. This information is mandatorily needed for answering any order request. Failing to fill in these fields, your requests or your answers can not be processed.


The Seller informs the Member that it may also communicate his personal data to ensure the delivery of orders by its suppliers, certain aspects of the after-sales service, and to conduct satisfaction surveys. Moreover, HORUS PHARMA may also communicate this data to respond to an injunction of the legal authorities.


In accordance with the Regulation (EU) 2016/679 on the protection of personal data, you have the following rights with your data: right of access, right of rectification, right to erasure (right to be forgotten), right of opposition, right to limitation of treatment, right to portability. You can also set guidelines for storing, deleting and communicating your personal data after your death.

You may, for reasons related to your particular situation, oppose the processing of data concerning you.

To exercise your rights, please send your mail to HORUS PHARMA Laboratories, 148 avenue Georges Guynemer, VAR CAP, 06700 Saint-Laurent-du-Var or DPO@horus-pharma.fr. Please attach a copy of a piece of identification.

Subject to a breach of the above provisions, you have the right to lodge a claim with the CNIL.


Article 16 - Completeness of the contract

These General Terms and Conditions of Sale concluded between the Seller and the Customer express the full rights and obligations of the Parties.


No document, no indication, no correspondence may give rise to obligations under these Terms and Conditions of Sale on the Internet, if it is not the subject of an amendment signed by both parties.


If a particular provision of these Terms of Sale on Internet is held invalid or declared as such by a decision having the force of res judicata or if any of the clauses of these Terms and Conditions of Sale on  Internet became null and void by a change of legislation, regulation, the other stipulations will retain all their strength and their scope.


This cannot in any way affect the validity and the respect of the present General Terms and Conditions.

Sale on Internet.


Article 17 - claim, mediation and litigation 

17.1 Claims


All claims must be made to the Seller's Customer Service Department at the following address:



Horus Pharma

148 avenue Georges Guynemer Cap Var

06700 Saint Laurent of the Var



In addition to any complaint or for any question concerning an order the Customer can contact the customer service of the Seller by going under the heading "Contact Customer Service" or by phone:


Telephone number:

Advisors are at the disposal of the Customer from Monday to Friday, from 9:00 am to 12:30 pm  and from 2:00 pm to 6:00 pm.


Only complaints relating to the online sale of the Products on the Site will be taken into account by the Seller's services.


17.2 Mediation


If a dispute cannot be settled in the context of a prior complaint directly lodged with the Seller's customer service and in the year following this request, the Customer may have his request examined by a mediator whose contact details are listed below:



73 boulevard de Clichy

75009 Paris

01 49 70 15 93



This mediation device is completely free, the costs of the mediation are borne by the Seller. However, the Parties may be assisted, at their own expense, by a Council or an expert.


In addition, the European Commission provides Parties with a platform for online dispute resolution:




17.3 Applicable law - litigation