GENERAL CONDITIONS OF SALE TO INDIVIDUALS
These general conditions of sale apply without restriction or reservation to all online sales offered by the company OXYGEN WATER SAS on the website (hereinafter: the “Site”). OXYGEN WATER S.A.S. offers for sale to buyers (hereinafter: “the Buyers”) dietetic food products (hereinafter: “the Products”). The purpose of these general conditions is to define the terms and conditions of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site. They prevail over all other general or specific conditions, in particular of purchase, not expressly approved by OXYGEN WATER SAS. They may be supplemented, where applicable, by conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. IDENTITY OF THE SELLER
The Site is published and operated by the company OXYGEN WATER SAS, a simplified joint-stock company with a capital of 1,000 euros, registered with the RCS of Paris under number 829 673 953, which offers the Products for sale (hereinafter: the " Society ").
3. ACCEPTANCE OF TERMS AND CONDITIONS
The Buyer declares, prior to his order, that he has full legal capacity, allowing him to engage under these general conditions. Its acceptance of these is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. CHARACTERISTICS OF THE PRODUCTS
Before any order, the Company recommends that the Buyer read, on the Site, the nutritional information, the instructions for use and the contraindications of each Product that he wishes to order. The Company is not responsible and cannot reimburse the Product in the event of an allergy to one or other of the components displayed on the Site. The labeling and advertising of all the Products sold comply with the standards in force on French territory and with Community legislation. The Products are offered for sale within the limits of available stocks. The photographs, representations and descriptions of the Products on the Site are as accurate as possible. They only commit the Company for what is specifically indicated.
To place an order, the Buyer must select the Products of his choice and place them in his basket. He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered. As part of his order, the Buyer is invited to provide his contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated. The Buyer guarantees that all the information he gives in the order form is accurate, up-to-date and sincere and is not vitiated by any misleading nature. He is informed and accepts that this information is worth proof of his identity and the engage as soon as they are validated.
At the end of his order, the Buyer is offered the possibility of creating an account via a third-party account or by entering a password (hereinafter: the "Account"), which allows the Buyer, during his subsequent orders on the Site, to access a pre-filled order form with the contact details he has provided. He undertakes to update this information in the event of modifications (in particular: change of address). The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact the Company using the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges the Company's right to take all appropriate measures in such cases.
At the end of his order, the Buyer receives a confirmation of this by email. The Buyer must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the confirmation email for his order. Failing receipt of this, the Buyer must contact the Company at the contact details mentioned in article 2. The Company recommends that the Buyer keep the information contained in the order confirmation. The order and its confirmation are considered as received when the parties to whom they are addressed can have access to them.
6. PRICE AND TERMS OF PAYMENT
As part of an online order, the selling prices of the Products are indicated on the Site. They are indicated in euros, all French taxes included (French VAT and other applicable taxes). They do not include any delivery costs. applicable to the Products shipped, invoiced in addition to the price of the Products purchased, according to the terms provided for in Article 7. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer. For products shipped outside the European Union, the price will be invoiced after deduction of VAT.
Please note: Outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to the Company. These duties and taxes, the exact amount of which the Company cannot determine in advance and of which it therefore cannot inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or related formalities. The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.
The full price of the Products and the applicable delivery costs are payable when ordering. Their payment can be made online: - by credit card - by Paypal, - or by any other means that will be offered on the Site at the time of the order. The Buyer guarantees to the Company that he has the necessary authorizations to use the chosen method of payment. The Company reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum which would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud. Penalties of an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
The Company retains full ownership of the Products sold until full payment has been received.
Deliveries of the Products are made to the address indicated when ordering by the Buyer as the "delivery address" (which may be different from the billing address). Deliveries are accompanied by proper invoicing.
Different delivery methods may be possible, depending on the categories of Products, their dimensions and their weights. The Buyer is informed when ordering of the possible delivery methods for the Product(s) ordered and any costs corresponding to each of these modes. The Buyer must select the desired delivery method and give all the information necessary for the actual delivery of the Product according to this method.
A delivery deadline is indicated to the Buyer in the order confirmation email (this delivery takes place in principle within 15 (fifteen) working days following the order, unless otherwise stated in the confirmation email). In the event of a delay of more than 30 (thirty) days from the delivery date announced in the order confirmation email, not justified by force majeure, and in the absence of receipt of the Products, the Buyer may denounce his order by registered letter with acknowledgment of receipt sent to the address mentioned in article 2 and obtain a full refund of the sums paid within 45 (forty-five) days, excluding any other compensation. In the event of delivery of the ordered products, the buyer must return the said Product in its original unopened packaging and without any deterioration to the Company to obtain a full refund.
The Buyer is informed as soon as possible in the event of unavailability of the Product ordered. He can then obtain a full refund of the sums paid within 30 (thirty) days, excluding any other compensation.
8. RIGHT OF WITHDRAWAL
The Buyer has a period of 14 (fourteen) clear days from the date of receipt of the Products ordered to withdraw without having to justify reasons or pay penalties, with the exception of return costs. He must contact the Company by mail with acknowledgment of receipt to the PARIS ADDRESS to inform him of his desire to make use of his right of withdrawal. The letter must mention: the order number, the name of the Buyer, the date of the order and the reason for the withdrawal. The Buyer will then return the Products to the Company by any useful means. The Products must imperatively be returned to the Company in their original unopened packaging, with all of their accessories, without trace of use. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer will be reimbursed as soon as possible and at the latest within 30 (thirty) days following the date of receipt of the returned Products of all the sums paid for his order, less the cost of return and the products consumed. The labeling clearly establishing the presence or absence of allergens, the Company cannot be held responsible for an error by the Buyer on his intolerances or allergies to certain ingredients. Intolerance or allergy cannot therefore serve as a basis for reimbursement. No order cancellation can take place outside of the exercise of the right of withdrawal according to the terms above.
9. LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-compliance as well as due to hidden defects of the thing sold. If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company at the contact details mentioned in article 2 hereof, indicating the nature of the defect, non-compliance or damage observed. The Company will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return. The Products must imperatively be returned to The Company in their original packaging, with all of their accessories. They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products that do not comply with the terms described above cannot be taken into account. The Company will carry out the necessary checks and will offer the Buyer the repair or replacement of the Product if possible. If the repair or replacement of the Product is impossible, the Company will offer the Buyer to reimburse the full price paid for this Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 30 (thirty) days following the date on which the Company informed him of the impossibility of repairing or replacing the Product.
The Company undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, the Company cannot be held responsible for temporary difficulties or impossibilities of access to the Site which would have as their origin circumstances which are external to it, force majeure, or which would be due to disturbances of the telecommunication networks. The connection of any person on the Site is under their sole responsibility. It is up to the Buyer to take all appropriate measures to protect his own data and/or software stored on his computer equipment against any attack.
The Company does not provide the Buyer with any guarantee as to the suitability of the Products to his needs, expectations, in particular in terms of taste or constraints.
The Company does not guarantee any results or effects from the use of the Products.
The Company cannot be held responsible for the non-performance or delay in the performance of its obligations due to a case of force majeure or even disruptions or total or partial strikes, in particular of postal services, carriers or means of communication. .In any event, the liability that may be incurred by the Company hereunder is expressly limited only to proven direct damages suffered by the Buyer.
11. INTELLECTUAL PROPERTY
The Products as well as the systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the Company's authorization are strictly prohibited. and may be subject to legal action.
12. PROHIBITED BEHAVIORS
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any misappropriation of system resources of the Site, (iv) any action likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and interests financial, commercial or moral of the Company or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the applicable laws and regulations.
Il est de même strictement interdit de monnayer, vendre ou concéder tout ou partie de l’accès au Site, ainsi qu’aux informations qu’il contient.
In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.
13. PERSONAL DATA
The Company practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter relating to the protection of personal data", accessible on the Site on the "Confidentiality" page, of which the Buyer is expressly invited to become aware.
The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
15. THIRD-PARTY LINKS AND SITES
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of his order by the Buyer.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
18. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge them, except for rules contrary mandatory procedures.
19. ENTRY INTO FORCE
These general conditions entered into force on September 1, 2017. The clauses stipulated apply only to B2C orders.
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