Terms of sale
Terms of Sale
Terms of Sale
Preamble
These general terms and conditions of sale govern the business relationship between, on the one hand:
The company OETIKA
oetika.store@gmail.com
And, on the other hand, persons wishing to make a purchase via the website: https://www.oetika.com/ (hereinafter referred to as the "Buyer").
Article 1 - Entirety
These general terms and conditions express the entirety of the obligations of the parties. As such, the Buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website and shall prevail, where applicable, over any other version or any other contradictory document.
The Seller and the Buyer agree that these general terms and conditions exclusively govern their relationship. The Seller reserves the right to occasionally modify its general terms and conditions. Any new version of the Terms of Sale will be announced in advance on the website's homepage.
They will apply as soon as they are published online. Consequently, validation of the order by the Buyer (double-clicking the "CONFIRM" button) implies full and unreserved acceptance of these general terms of sale, to the exclusion of all other documents.
Article 2 - Purpose
These general terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Buyer, via the website.
These terms and conditions only concern purchases made by buyers located in France and delivered exclusively within French territory. For any delivery outside France, please contact oetika.store@gmail.com
Article 3 - Pre-contractual information
The Buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code, namely:
- the essential characteristics of the goods sold, via the online catalog;
- - the price of the goods sold, via the online catalog;
- - information relating to the identity of the provider, its postal, telephone and electronic contact details, and its activities;
- - the terms of payment, delivery and performance of the contract, as well as the arrangements provided by the professional for handling complaints;
- - the existence and terms of exercising the legal guarantee of conformity provided for in Articles L.217-1 et seq. of the Consumer Code, the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code and, where applicable, the commercial guarantee and after-sales service, respectively covered by Articles L.217-15 and L.217-17 of the Consumer Code;
- - the terms for terminating the contract.
Article 4 - The order
The Buyer has the option of placing their order online, from the online catalog and by means of the form provided, for any product, subject to available stock.
The order can only be registered on the site if the user has clearly identified themselves by entering their customer ID (email address) and password, which are strictly personal.
Any site user who does not hold a customer account on https://www.oetika.com/ must follow an online registration procedure. This customer account is personal.
In the event of unavailability of an ordered product, the Buyer will be informed by email or telephone within 48 hours.
For the order to be validated, the Buyer must accept, by clicking in the indicated place, these general terms and conditions. They must also choose the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
- after the Seller has sent the Buyer confirmation of acceptance of the order by email;
- - and after the Seller has received full payment of the price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be handled within the context of any exchange and the guarantees mentioned below.
In certain cases, in particular in the event of non-payment, an incorrect address, or another problem with the Buyer's account, the Seller reserves the right to block the Buyer's order until the issue is resolved.
The cancellation of the order for this Product and any subsequent refund will then be carried out, the remainder of the order remaining firm and final.
For any question relating to order tracking, the Buyer must send an email to: oetika.store@gmail.com
Article 5 - Electronic signature
The online provision of the Buyer's bank card number and final validation of the order constitute proof of the Buyer's agreement:
- of the amounts due under the order form,
- - of the signature and express acceptance of all transactions carried out.
Article 6 - Order confirmation
The Seller will provide the Buyer with a paper order confirmation signed by the parties, or, with the Buyer's agreement, on another durable medium, confirming the parties' express commitment.
Article 7 - Proof of transaction
The computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 - Product information
The products governed by these general terms and conditions are those appearing on the Seller's website and indicated as sold and shipped by the Seller. They are offered subject to available stock.
The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the Seller cannot be held liable.
Product photographs are not contractually binding.
Article 9 - Price
The Seller reserves the right to change its prices at any time, but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery charges, which are billed separately and shown before the order is confirmed. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the sale price of the products. The full price must be paid at the time of the order.
Should one or more taxes or contributions, in particular environmental ones, be introduced or amended, whether upward or downward, this change may be reflected in the sale price of the products.
Article 10 - Method of payment
This is an order with a payment obligation, meaning that placing the order implies a payment commitment from the Buyer.
To pay for their order, the Buyer has, at their choice, access to all the payment methods made available by the Seller and listed on the Seller's website. The Buyer guarantees the Seller that they have any authorizations that may be necessary to use the payment method chosen by them when validating the order form. The Seller reserves the right to suspend any order management and delivery in the event of refusal of payment card authorization from officially accredited organizations, or in the event of non-payment. The Seller reserves in particular the right to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid for a previous order, or with whom a payment dispute is being processed. The Seller has implemented an order verification procedure intended to ensure that no one uses another person's bank details without their knowledge.
As part of this verification, the Buyer may be asked to send the Seller, by fax, a copy of proof of identity and proof of address. The order will only be validated after the Seller has received and verified the documents sent.
Payment of the price is due in full upon ordering, according to the following method: credit card.
Payments made by the Buyer will only be considered final once the amounts due have been effectively collected by the Seller.
Article 11 - Product availability - Refund - Termination
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's homepage, shipping times will, subject to available stock, be as indicated below. Shipping times run from the date the order is registered, as indicated on the order confirmation email. For deliveries within mainland France, the average shipping time is 4 days. In the event of failure to meet the agreed delivery date or timeframe, the Buyer must, before terminating the contract, give the Seller formal notice to perform within a reasonable additional period.
Should performance not occur by the expiry of this new period, the Buyer may freely terminate the contract.
The Buyer must complete these steps by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon the Seller's receipt of the letter or written notice informing it of this termination, unless the professional has performed in the meantime.
The Buyer may, however, terminate the contract immediately if the dates or deadlines mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the Seller must refund the Buyer the full amount paid, no later than 14 days after the date on which the contract was terminated.
In the event of unavailability of the ordered product, the Buyer will be informed as soon as possible and will have the option of canceling their order. The Buyer may then choose to request either a refund of the amounts paid, within 14 days of payment at the latest, or an exchange of the product.
Article 12 - Delivery terms
Parcels are generally shipped within 4 business days of receipt of payment. They are shipped via the chosen delivery method with a tracking number. Whatever delivery method is chosen, we will send you a link to track your parcel online.
Shipping costs include preparation and packaging costs as well as postage. Preparation costs are fixed, while shipping costs vary depending on the total weight of the parcel. We recommend grouping all your items into a single order. We cannot combine two orders placed separately, and shipping costs will apply to each of them. Your parcel is shipped at your own risk, but special care is taken with fragile items.
Box dimensions are appropriate and your items are properly protected.
Returns & Exchanges - Return Conditions:
To return an item, simply follow this procedure:
- The customer has 7 days from receipt of their parcel to return it to us
- - The item must be in its original packaging
- - Return shipping costs are the responsibility of our customers
Returns should be sent to the following address:
BASSELIN Jona
16 rue du Bourget
11100 Narbonne
Items must be returned in their original condition.
Returns within France are made via Colissimo.
Any purchase made during sales, promotions, special offers or private sales on the oetika.com website will not be exchanged or refunded.
Once the return is accepted, you will be refunded (in the form of a store credit valid for 6 months across the entire site, excluding shipping costs).
Oetika reserves the right to refuse returns sent or reported after the return deadline, or items that are not in the same condition as when they were received.
Article 13 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the Buyer has a period of 14 business days from the date of delivery of their order to return any item that does not suit them and request a refund (in the form of a store credit valid for 6 months across the entire site, excluding shipping costs), with no penalty other than return shipping costs, which remain the Buyer's responsibility.
Returns must be made in their original, complete condition (packaging, etc.), allowing them to be resold as new, accompanied by the proof of purchase.
Damaged, dirty or incomplete products will not be accepted, nor will products sold at a discount, reduced price, or on sale...
The right of withdrawal may be exercised online, using the withdrawal form available on the website. In this case, an acknowledgment of receipt on a durable medium will be sent to the Buyer immediately. Any other means of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
Return shipping costs are the Buyer's responsibility.
Article 14 - Force majeure
All circumstances beyond the control of the parties that prevent the performance, under normal conditions, of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All facts or circumstances that are unforeseeable, irresistible, external to the parties, and beyond their control, and which cannot be prevented despite all reasonable efforts, will be considered cases of force majeure or fortuitous events. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by French court and tribunal case law, are: the blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to external telecommunications networks used by clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the aggrieved party.
Article 15 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the Seller, who alone holds the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
Article 16 - Data Protection
The personal data provided by the Buyer is necessary for processing their order and issuing invoices.
It may be shared with the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website has been declared to the CNIL (French Data Protection Authority).
The Buyer has a permanent right of access, modification, rectification and objection regarding information concerning them. This right may be exercised under the conditions and in accordance with the terms defined on the website.
Article 17 - Partial invalidity
Should one or more provisions of these general terms and conditions be held invalid or declared as such pursuant to a law, regulation, or a final decision of a competent court, the other provisions shall remain fully in force and effect.
Article 18 - No waiver
The fact that either party does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 19 - Title
In the event of any difficulty interpreting any of the headings appearing at the top of the clauses, and any of the clauses, the headings shall be deemed non-existent.
Article 20 - Language of the contract
These general terms and conditions of sale are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 21 - Mediation
The Buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sector-based mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.
The Buyer may contact the mediator whose contact details are provided below:
Medicys
73 Boulevard de Clichy
75009 Paris
contact@medicys.fr
Article 22 - Applicable law
These general terms and conditions are governed by French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Buyer will first contact the Seller to obtain an amicable solution.
APPENDIX - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly, or installation instructions when these have been made their responsibility under the contract, or have been carried out under their responsibility.
Article L217-5 of the Consumer Code
The goods conform to the contract:
- If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it exhibits the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; - Or if it exhibits the characteristics defined by mutual agreement between the parties, or is fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L217-12 of the Consumer Code
Actions resulting from a lack of conformity are barred two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to them when acquiring or repairing movable property, a repair covered by the guarantee, any period during which the item is unavailable for at least seven days is added to the remaining duration of the guarantee.
This period runs from the buyer's request for intervention, or from the item being made available for repair, if this occurs after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller may be discharged of apparent defects or non-conformities.