TERMS OF USE
General sales conditions
The present general conditions (hereafter called “General Sales conditions”) govern, without restriction, the sale of Products made by !Osmotik Sarl on the www.obyosmotik.com site.
The www.obyosmotik.com commercial site is an electronic trade site accessible by the Internet network, open to any user of this network (hereafter called “Client”). It is published by the !Osmotik company with a capital of 7500 €, registered as number 441 766 755 in the Creteil trade and company, and whose headquarters is located at 14, avenue Georges Clemenceau, 94300 Vincennes.
ARTICLE 1 – FIELD OF APPLICATION – ACCEPTANCE BY CLIENT
ARTICLE 2 – ORDERING PRODUCTS
ARTICLE 3 – PAYMENT FEES AND CONDITIONS
ARTICLE 4 - DELIVERY
ARTICLE 5 – RIGHT OF WITHDRAWAL
ARTICLE 6 – EVENTS BEYOND OUR CONTROL
ARTICLE 7 – NO RESALE OF ANYTHING PURCHASED DIRECTLY ON THE SITE
ARTICLE 8 – SHIPPING OUTSIDE THE EUROPEAN UNION - CUSTOMS
ARTICLE 9 – APPLICABLE LAW - LITIGATION
ARTICLE 10 – INTELLECTUAL PROPERTY
ARTICLE 1 – FIELD OF APPLICATION – ACCEPTANCE BY CLIENT
The General Sales Conditions specify the conditions of the order, payment, delivery and handling eventual returns of products ordered by clients who are non-professional buyers (hereafter referred to as “Client”) on the www.obyosmotik.com site. The General Sales Conditions are accessible at any moment on the www.obyosmotik.comsite. The Client declares having acknowledged the General Sales Conditions and accepted them by checking the box “I declare that I have acknowledged the General Sales Conditions” before placing an order online. The General Sales Conditions may be the object of later modifications, the applicable version for the client’s purchase is the one in effect on the site the day the order is placed.
ARTICLE 2 – ORDERING PRODUCTS
All orders placed on the www.obyosmotik.com site constitute the formation of a contract concluded at a distance between the Client and !Osmotik and implies the irrevocable acceptance by the Client, without restriction or reservations, of the General Sales Conditions. To allow the Client to know the Products he wishes to buy before ordering them, the www.obyosmotik.com site presents the characteristics of the Products offered for sale. The www.obyosmotik.com site describes the Products’ specifications, indications, dimensions or composition. Choosing and purchasing Products is the sole responsibility of the Client. The object of the photos and graphics shown on the www.obyosmotik.com site is to illustrate the Products proposed for sale. They are non-contractual. The Client is invited to look at the description of each Product to know its properties and particularities based on the characteristics he is looking for and the size he desires. Product offers are made based on available stock. The indications of a Product’s availability are given when the order is placed. The sale will only be considered definite after !Osmotik has sent the Client a confirmation of having accepted the order by electronic mail and after having received the entire payment at !Osmotik’s price. The Client can follow the evolution of his order and contact the Customer Service of the www.obyosmotik.com site via the Contact heading on the site.
ARTICLE 3 – PAYMENT FEES AND CONDITIONS
Prices are indicated in Euros on the www.obyosmotik.com site and include V.A.T. (all taxes included, including V.A.T., at the rate applicable on the day the order is placed). Prices are always quoted without shipping costs ; the client will be informed of the amount of these delivery costs when the order is placed. The Products sold are billed based on the prices in effect at the moment the order is validated by the client. The price indicated when the order is placed and confirmed by !Osmotik is the definitive price. Product offers are valid as long as they are visible on the site based on available stock. !Osmotik reserves the right to modify prices at any moment. When ordering, Clients are asked to verify that the price of the Products to which they refer correspond to the price shown on the updated page of the site www.obyosmotik.com and not on an expired page to which the Client has had access by an Internet research in a “cache” mode. Data communicated by the Client and recorded by the www.obyosmotik.com site when the order is placed is proof of the transaction between !Osmotik and the Client. After validating the order with the Client, !Osmotik will send a confirmation mail to the Client to notify him that the order has been recorded. The price of Products bought is payable in advance, in total, on the day the Client places the order, !Osmotik will not deliver the Products ordered by the Client if the total pricedhas not been paid.
Product(s) ownership will not be transferred to the Client until the latter has paid the total price. The transfer of risks of loss and damage to the Products will be done at delivery and reception of the Products by the Client. The delivery costs are indicated on the www.obyosmotik.com site and are shown including all charges. These costs are the Client’s responsibility and are billed in addition to the Product sale price. Before the final recording of his order, the Client will be informed of the delivery costs linked to his order and be asked to pay for the total amount of the purchase.
ARTICLE 4 - DELIVERY
Products bought by the Client will be delivered in a maximum period of 30 days following the day of the order to the address the Client has indicated when placing the order on the www.obyosmotik.com site. If this period is exceeded and not justified by a force majeure, the Client can request that the sale be cancelled based on the conditions stated in Consumer Code article L. 114-1 and be reimbursed for the sum paid when ordered. Except for specific cases or of one or more Products’ unavailability, the Products ordered will all be delivered together. At the time of delivery, the Client must inspect the packaging to make sure it is in good condition. If it turns out that the products are damaged, the Client should not accept delivery. He has a period of 30 days from the delivery date to write a registered letter to !Osmotik – Customer Relations, 14, avenue Georges Clemenceau, 94300 Vincennes, France or send an email via the Contact heading of the www.obyosmotik.com site with any reservations or claims for non-conformity or visible defects of the Products delivered along with any pertinent justifications.
Beyond this period and if these formalities are not respected, the Products will be considered as conforming and exempt from any apparent defects and no claim can be validly accepted by !Osmotik. !Osmotik will replace, in the shortest delay and at its cost, any Products delivered whose visible defects or lack of conformity have been properly proven by the Client. In case of returns following a delivery error, all non-conforming Products must be sent back, accompanied with the delivery slip, to !Osmotik, 14, avenue Georges Clemenceau, 94300 Vincennes, France. The non-conforming Product will be reimbursed within 7 days from the day the article has been received. The shipping and return costs for the non-conforming Product will be paid by !Osmotik.
ARTICLE 5 – RIGHT OF WITHDRAWAL
In conformity with the provisions of Consumer Code article L. 121-20, the Client has a right of withdrawal for a 14-day period, starting on the day the Products are delivered, to return them to !Osmotik for reimbursement. The Client can return the Product bought in the prescribed period, with the date on the delivery slip as proof, as long as the following conditions are respected:
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The Products, along with the delivery slip, must be returned in their original and complete state so they can be resold as new.
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The Products must be returned to the following address: !Osmotik, 14, avenue Georges Clemenceau, 94300 Vincennes, France.
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All sums paid by the Client, except delivery fees, will be entirely reimbursed by bank wire transfer to an account indicated by the Client or by bank check in a maximum period of 14 days counting from when the option to withdrawal is exercised.
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In case of the Products being returned beyond the prescribed period, the client will not be reimbursed and will be informed that the Products remain available to him at the Showroom for a period of 6 months. If the Client requests it, the Products can be sent back to him. https://www.service-public.fr/particuliers/vosdroits/R38397
ARTICLE 6 – EVENTS BEYOND OUR CONTROL
An Event Beyond our Control designates any act or event beyond the reasonable control of !Osmotik, including notably but not exclusively strikes, collective conflicts or any other collective action engaged by a third party, civil unrest, riots, invasions, terrorist attacks or the menace of an attack, war (declared or not) or the threat or preparation of war, fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic or any other natural catastrophe or failure in the public or private telecommunications network.
If an Event Beyond our Control takes place and affects the execution of !Osmotik’s obligations in virtue of the present General Sales Conditions:
a) We will contact you as soon as possible to inform you; and
b) Our obligations in virtue of the present general conditions will be suspended and the execution period of our obligations will be extended during the entire period of the Event Beyond our Control.
If the Event Beyond our Control affects a product’s delivery, a new delivery date will be established with the Client after the end of the Event Beyond our Control. The Client can cancel the contract if an Event Beyond our Control takes place and if he no longer wishes !Osmotik to deliver the products.
ARTICLE 7 – NO RESALE OF ANYTHING PURCHASED DIRECTLY ON THE SITE
The www.obyosmotik.com site is only destined for !Osmotik to directly sell O by !Osmotik products to the final consumer. The purchase of products destined to be resold is strictly forbidden. Buying to resell means buying an O by !Osmotik product by someone who resells or intends to resell it to a third party (consumers, companies or any other third party). If O by !Osmotik believes you are implicated in buying to resell, O by !Osmotik reserves the right to take all measures against you including, in a non-restrictive way, limiting sales to you and cancelling your orders.
For all requests to resell O by !Osmotik products, contact the Commercial Service of the www.obyosmotik.com site via the Contact heading on the site.
ARTICLE 8 – SHIPPING OUTSIDE THE EUROPEAN UNION - CUSTOMS
When the Client orders products on the www.obyosmotik.com site to be delivered outside the European Union, he may be subjected to obligations and import taxes that are collected when the package arrives at its destination. Because of the unique fiscal status applicable to the DOM-COM, deliveries from mainland France to the DOM-COM are also subject to obligations and import taxes. Any additional customs clearance costs will be charged to the Client; !Osmotik has no control over these costs. Since customs policies vary strongly from one country to another, the Client must contact the local customs office for more information. Furthermore, when the Client places an order at www.obyosmotik.com, the Client is considered to be an official importer and must respect all laws and regulations of the country where he receives the products. Privacy protection is important for !Osmotik and it calls its international Clients’ attention to the fact that cross-border deliveries may be opened and inspected by customs authorities.
ARTICLE 9 – APPLICABLE LAW - LITIGATION
The present contract is governed by French law. All litigations with the present contract that could give rise to its validity, interpretation, execution, resiliation, consequences and follow-ups will be submitted to competent law courts under the conditions of ordinary law.
ARTICLE 10 – INTELLECTUAL PROPERTY
All elements on the www.obyosmotik.com site operated by !Osmotik are and remain the exclusive intellectual property of !Osmotik. In no case is the Client or any other person authorized to reproduce, exploit, rediffuse or even partially use elements from the above site in any way. The Product names, marks and distinctive signs on the www.obyosmotik.comsite are protected under trademark law: the reproduction of representation of all or part of these elements is strictly forbidden.