Refund policy of the onivo-cosmetics.shop website
applicable from 26/11/2020
This refund policy is applicable between ONIVO COSMETICS , SARL , share capital:€ 30,000 , registered with the RCS of Valbonne in France on 08/11/2015 , under number 809577158 , registered office:245 route des Lucioles , France , telephone:+33493348314 , email:firstname.lastname@example.org , intra-community VAT number:FR90809577158 , hereinafter"the Publisher"and any person, natural or legal, under private or public law, registered on the Site for purchase a Product, hereinafter"the Customer".
“ Client ”:any person, natural or legal, under private or public law, registered on the Site.
“ Site Content”:elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Publisher ”:ONIVO COSMETICS , SARL taken in its capacity as publisher of the Site.
“ Internet user ”:any person, natural or legal, under private or public law, connecting to the Site.
“ Product ”:property of any kind sold on the Site by the Publisher to Customers.
“ Site ”:website accessible at the URL onivo-cosmetics.shop , as well as the related sub-sites, mirror sites, portals and URL variations.
The Site is open and free to all Internet users.Browsing on the Site implies acceptance by any Internet user of these general conditions.The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions.When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges by the same fact having read them fully and accepting them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user.The Internet user recognizes the proof value of the Publisher's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
SECTION 4PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
SECTION 5ORDER STEPS
In order to place an order, Internet users will be able to select one or more Products and add them to their basket.The availability of the Products is indicated on the Site, in the description of each item.When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2Validation of the order by the Internet user
By consulting their basket, Internet users will have the option of checking the number and the nature of the Products they have chosen and will be able to check their unit price, as well as their overall price.They will be able to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate itThey will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form using their personal information.
5.3Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose. on the secure payment interface with the words"order with obligation to pay"or any similar formula.
5.4Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum of 24 hours.Within the same period, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming the processing, containing all the information relating thereto.
SECTION 6PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order.These prices may be modified at any time by the PublisherThe prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
The Customer can make his payment by StripePayments by credit card are made through secure transactions provided by A to inform [bankGateways] .
In the context of payments by credit card, the Publisher has no access to any data relating to the Customer's means of payment.Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each paymentThe Customer expressly agrees to receive invoices electronically.
6.4Default of payment
The agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the fault of the CustomerThis clause is part of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7COMPLAINT - WITHDRAWAL - WARRANTY
The Site's customer service is available Monday to Friday from 9:00 a.m. to 12:00 p.m. at the following non-surcharged telephone number:0493348314 , by e-mail at:email@example.com or by post at the address indicated. in article 1 of these general conditionsIn these last two cases, the Publisher undertakes to provide an answer within 24 working days.
7.2Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1Conditions for exercising the right of withdrawal
In accordance with the legislation in force with regard to distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, where applicable , return costs.
The period mentioned in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the supply of a service and/or the supply of digital content not supplied on a medium material, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last itemFor contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of an unambiguous declaration.The Customer has, for example, the possibility of using the standard form provided at the end of these general conditionsIn any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by e-mail as soon as possible.
7.2.2Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised.Where applicable, the professional may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of the Products, whichever is earlier.Beyond that, the sum due is, by operation of law, productive of interest at the legal rate in force, as specified in article L242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees to the use of another means of payment and insofar as the reimbursement does not incur any costs for the CustomerHowever, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer.These costs are estimated at a maximum of 10 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer's liability is only engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal;
- supply of goods made to the Customer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
- supply of digital content not provided on a material medium, the execution of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3Termination of the contract on the Customer's initiative
The Consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days.The Customer will then be reimbursed for the sums incurred by him when placing the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeureIn such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to take advantage of the resolution of the sale provided for in this article.
7.4.1Guarantee against visible faults and defects
It is up to the Customer to check the good condition of the Products at the time of delivery.This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order.No complaint will be taken into account after a period of three days from delivery.In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with Articles L.133-3 and following of the Commercial Code
7.4.2Warranty against defects and hidden defects
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 and sof the Civil Code) and a security guarantee (articles 1245 et seq.of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L217-4 et seq.Consumer Code).
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the guarantee, it is up to the Customer to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
In any event, the Customer is requested to follow the Publisher's instructions with respect to the return of the Products precisely.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L217-4 et seq.of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the sellerAs such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.Finally, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects, he can choose between the cancellation of the sale or a reduction in the sale price.
SECTION 8FINAL STIPULATIONS
These general conditions are subject to the application of French law.
8.2Changes to these terms and conditions
These general conditions may be modified at any time by the Publisher.The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes with a Consumer Customer which may arise in the context of the execution of these general conditions and whose solution could not be found prior to the amicable agreement between the parties must be submitted to Medicys:www.medicys.fr .
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address:https://ec.europa.eu/consumers/odr/main/?event=main .home2.show .
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation:www.fast-arbitrator.com .
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope.In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these presents.
The lack of exercise by the Publisher of the rights which are recognized to him by the present can in no way be interpreted as a renunciation to assert the said rights.
The Customer is informed that he has the possibility of registering on the list of opposition to cold calling at the address http://www.bloctel.gouv.fr/ .
8.7Languages of these general conditions
These general conditions are offered in French.
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.