Terms of sale
General conditions of sale of the onivo-cosmetics.shop website
applicable from 26/11/2020
ARTICLE 1. PARTIES
These general conditions are 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 to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
“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 sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE
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 that he has read them fully and accepts 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 registration 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 entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. STAGES OF THE ORDER
In order to place an order, Internet users can 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.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and 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 can validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment 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.
5.4. Confirmation 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.
ARTICLE 6. PRICE - 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 Publisher. The 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.
6.2. Payment method
The Customer can make his payment by Stripe. Payments by credit card are made through secure transactions provided by To be informed [bankGateways].
In the context of credit card payments, 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 payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not 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 Customer. This clause falls within the framework 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.
6.5. Retention 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 7. RESPONSIBILITY OF THE PUBLISHER
7.1. Nature of the Publisher's obligations
The Publisher undertakes to take the care and diligence necessary to supply quality Products that comply with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by these presents.
7.2. Force majeure - Customer's fault
The Publisher shall not be held liable in the event of force majeure or fault on the part of the Client, as defined in this article:
7.2.1. force majeure
Within the meaning of these general conditions, will be considered as a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in the bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a fault security attributable to the host of the Site or to the developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control. In such circumstances, the Publisher will be exempted from performing its obligations within the limits of this impediment, this limitation or this disturbance.
7.2.2. Client's fault
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in its personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale.
7.3. Technical issues - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer cannot claim damages and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the awarding of damages and i
interest from the Publisher.
The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the legislation in force. Similarly, the Publisher cannot be held liable if the visit by the Internet user to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the Publisher, who can in no way be held liable for this fact.
7.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher cannot under any circumstances be held liable for consequential damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or of customers. Similarly and within the same limits, the amount of damages charged to the Publisher may not in any event exceed the price of the Product ordered.
7.5. Hypertext links and content of the Site
The Contents of the Site are published for information only, without guarantee of accuracy. The Publisher can in no way be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Changes 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, any disputes with a Consumer Customer that 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 entail 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 the object of these presents.
Failure by the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of the assertion of said rights.
8.6. Telephone canvassing
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/.
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair terms
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.