General Terms of Sale
These “General Terms of Sale” apply to legal transactions connected to products marketed by ONIRIS to its customers through its on-line store.
The words or expressions given below shall have the following meanings:
On-line Store: means the ONIRIS website on which the Products are presented and sold to customers.
Order: means the contract of sale agreed between the customer and the on-line store of ONIRIS.
Data Sheet: means the information pertaining to a product provided by ONIRIS when the said product is sold on its on-line store.
Products: means all the goods and services sold by ONIRIS on its on-line store.
Service: means the sale of Products by ONIRIS to customers on its on-line store.
Transaction: means all operations, secure processing, and authorisations and agreements attached to the payment of the price of the Products ordered by bankcard.
ARTICLE 1 – PURPOSE
The purpose of these General Terms of Sale is to define the terms and conditions under which ONIRIS offers and sells products to customers.
These general terms of sale shall prevail over all other conditions contained in any document, unless prior written consent otherwise is given.
ARTICLE 2 – ACCEPTANCE OF CONDITIONS
The customer acknowledges, at the time of placing an Order, that he/she has read these general terms of sale and expressly accepts them unreservedly.
These general terms of sale govern the contractual relationship between ONIRIS and its customer, which both parties accept unreservedly.
ARTICLE 3 – PRODUCTS
The majority of the products offered by ONIRIS to its customers are available immediately. However, not all products sold by ONIRIS may be sold necessarily on-line.
ARTICLE 4 – ORDERING
The automatic registration systems are considered as proof of the nature, content and date of the Order.
ONIRIS will confirm its acceptance of the Order to the customer by sending a confirmation message to the email address communicated by the said customer. The sale will be finalised after sending the order confirmation.
ONIRIS reserves the right to refuse or cancel any customer Order if the particular client is insolvent or is unable to pay for the Order in question or to pay for any previous delivery or in the event of any disputes regarding the payment of a previous order.
The data supplied by the customer when entering information relating to its Order are binding upon it. ONIRIS cannot be held liable for any errors made by the customer in relation to the name and address of the recipient of the Order (delivery address, billing address in particular) nor for any delivery delays or failure to deliver the products ordered that such errors may cause.
ARTICLE 5 – DELIVERY
After confirmation of the Order and subject to the payment in full of the price of products ordered, ONIRIS undertakes to dispatch to customers the goods ordered to the delivery address indicated within 48 to 72 working hours after payment.
All Products stipulated in the Orders placed with ONIRIS are intended for the personal use of the customers or the recipients whose name is mentioned in the delivery address.
If applicable, the client agrees to pay upon receipt, all current and future taxes, duties, levies and other charges owed under the heading of the delivery of the products themselves; and ONIRIS shall never be held jointly liable for such matters.
The customers or recipients of the Products are strictly forbidden from reselling the Products, in part or in full.
Delivery will be made by La Poste (French Post Office) or UPS. In accordance with usual mail order practices, the vendor is released from any liability when posting the Products. Goods are always carried at the risk of the recipient.
The delivery charges are given on the ‘basket’ page. When any delivery delays exceed seven (7) days, the Customer may, if he/she so wishes, except in cases of force majeure, terminate the contract of sale by registered mail sent with return receipt. However, this right must be exercised within sixty (30) working days from the initially contracted delivery date.
Upon receipt of the ordered Products, the customer or recipient should check that the goods delivered are working properly, and read the conditions of use given in the instructions supplied.
In the event that one or more of the Products ordered are missing or damaged, the customer or recipient must file a claim with the carrier at the time of delivery.
Due to issues attached to the availability of the products ordered, an Order may be delivered to the customer in several separate deliveries.
If the customer would like the Products to be delivered to two different addresses, he/she should place two separate orders.
ARTICLE 6 – RETURNS
The customer has a period of 7 days from the receipt of the Products to return them to ONIRIS for exchange or refund without having to give any reason or pay any amounts with the exception of the return postage. The seven-day period starts from the receipt of the Products ordered. When the seven-day deadline ends on a Saturday, Sunday or a public or bank holiday, it is extended to the next working day. In such cases, the customer must return the new and unopened Products, with all accessories, instruction manuals and documentation to the following address:
Laboratoire TALI & ONIRIS
147 Avenue Paul Doumer, 92500 Rueil-Malmaison
When exercising the right of return, ONIRIS will reimburse the sums paid by the customer with no extra charges, with the exception of return postage. Amounts shall be repaid within a maximum period of 30 days.
ARTICLE 7 – SATISFACTION GUARANTEED OR MONEY REPAID
Notwithstanding the right of return stipulated in Article 6 relating to any purchase from this website, customers may be refunded up to € 69 of the price of the device under the following conditions:
They return the entire product with its accessories and proof of purchase within 30 days of the order.
ARTICLE 8 – PRICE
The price is stated in euros.
The price stated on the product sheet does not include shipping charges. The price indicated on the order confirmation is the final price.
This price includes the price of the Products, handling, packaging and storage of the products, as well as transportation and commissioning costs.
ARTICLE 9 – PAYMENT
The price charged to the customer is the price indicated on the order confirmation sent by ONIRIS. The price of the Products is payable in cash by one of the means of payment offered on the website on the date of the actual order. The Order validated by the customer will only be considered effective when the secure bank payment centre has approved the transaction and, where applicable, upon acceptance of the risk by the insurer.
ARTICLE 10 – APPLICABLE LAW
These general terms of sale are subject to French law.
ARTICLE 11 – LIABILITY
ONIRIS cannot be held liable for damages of any kind, whether tangible, intangible or physical, which could result from any malfunctioning or improper use of the Products marketed.
This is equally the case for changes to the Products made by manufacturers. The liability of ONIRIS will, in any event, be limited to the amount of the order and it may not be implicated for any simple errors or omissions that may have occurred despite all the precautions taken in the presentation of products.
Regarding any problems encountered in the execution of this contract, the customer and ONIRIS reserve the right, before any legal action, to seek an amicable solution.
If this is not the case, for retailer customers, the Commercial Court of Paris, France shall be exclusively competent for settling any disputes, regardless of the place of delivery and payment method accepted.
ARTICLE 12 – WARRANTY
In any event, ONIRIS cannot be held liable for any failure to comply with the regulations and laws in force in the country of receipt.
The liability of ONIRIS is always limited to the value of the Products involved, which is determined on the date of sale, with no right of appeal to the brand or company manufacturing the product.
In any event, customers shall benefit from the statutory right to quiet enjoyment and protection from hidden defects, as stipulated in Articles 1625 et seq. of the French Civil Code (Code Civil).
Customers can contact the customer service department by email at: firstname.lastname@example.org
Reply: 48 hours.
ARTICLE 13 – STATUTORY INFORMATION
The compilation of personal information collected for distance selling is mandatory, and this information is essential for the processing and delivery of orders, as well as for preparing invoices and warranty contracts. The failure to supply such information shall invalidate the order.
Customers have the right to access, modify, rectify and delete any data pertaining to them, and may exercise this right vis-à-vis ONIRIS.
Moreover, ONIRIS agrees not to provide, free or in return for compensation, any information on its customers to third parties.