1 – Preamble – The General Sales Terms govern the relations between OFFICINEA Laboratory Company (hereinafter Officinea), registered with the Registry of Commerce and Companies of Grasse under the number 793589334 and customers wishing to make a purchase on the www.officinea.fr website.
Officinea makes every effort to ensure the accuracy and the updating of information published on its website, and in doing so, reserves the right to correct information at any time and without prior notice.
However, Officinea cannot be held liable for any imprecision, inaccuracy or omission concerning this information, for any damage resulting from a fraudulent use by a third party which has led to a modification of this information, and more generally for any direct or indirect damage, regardless of the causes, origins, nature or consequences, caused by any person’s access to or use of the website and / or the credit granted to any information derived directly or indirectly from the latter.
Officinea is not responsible for the content of the information provided on websites accessible by hypertext links from www.officinea.fr after their activation.
Officinea reserves the right to adapt or change these General Terms and Conditions of Sale at any time. You will be informed of changes to the website and they will only be applicable to orders received after online publication of the modifications.
2 – Attribution of jurisdiction, applicable law – This contract is subject to French law. French is the official language used for this contract. Any dispute shall be submitted to the Tribunal de Commerce de Grasse, regardless of the place of delivery and the method of payment accepted. However, claims or disputes will always be received with respect and will be the object of our greatest attention.
3 – Fields and conditions of application – These General Sales Terms apply to any order placed on the www.officinea.fr website. Placing an order implies your express and unreserved acceptance of the General Terms and Conditions of Sale which you have agreed to prior to your order. When clicking on “End”, the purchase order is confirmed and this constitutes an electronic signature which has the same value as a handwritten signature and confirms payment, by card, by check or by bank transfer. Your order is then recorded and becomes irrevocable.
Also, you state:
• that your purchases on Officinea are not related to your professional activity and that they are strictly limited to personal use.
• that you have the required authorization to use the selected payment method when you confirm your order.
• that you have the full legal capacity enabling you to agree to these General Sales Terms.
4 – Prices for Officinea cosmetics – The price of Officinea cosmetics is indicated in Euros and includes all taxes (VAT included), applicable on the day of the order. All orders, regardless of their origin and place of delivery, are payable in Euros.
Invoicing is based on the tariff in force at the time that your order was recorded. However, Officinea reserves the right to modify its prices at any time and without prior notice.
The price does not include shipping costs which are invoiced in addition and specified during the final confirmation of your order.
5 – Confirmation of your order and registration of the transaction – As soon as you confirm your order by clicking the “End” button, Officinea will begin processing your order by sending an email to the address you have specified with a detailed confirmation of receipt specifying the exact amount charged and the terms of delivery for your order. The confirmation of receipt implies acceptance of your order and confirms the transaction. This final step of the contract applies, no matter which procedure of purchase used on the www.officinea.fr website.
You agree that our order registration systems are proof of the nature and date of the contract that binds us.
Officinea reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order, to cancel or refuse any order in case of refusal of payment authorization by credit card from officially accredited bodies, and also in case of abusive returns, Officinea reserves the right to refuse any new order from this customer.
Furthermore, Officinea reserves the right to refuse orders without having to justify its decision.
6- Shipping and delivery of your order –
OFFICINEA agrees to same-day shipping for orders recorded on the website before 11 AM, or within 48 business hours at the latest depending on limits of available stock, to addresses located in Metropolitan France (including Corsica) and Monaco. Following countries are also available for shipping : Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, Greece, Italy, Ireland, Spain, Hungary, Luxembourg, Poland, Sweden, Romania and the United Kingdom.
You are responsible for checking the condition of your package upon receipt and for noting any damage due to shipping on the delivery receipt, as well as notifying OFFICINEA within two business days. OFFICINEA is not responsible for late delivery.
Our sales and prices apply to shipping from Officinea. Consequently, our goods are loaded and travel at your own risk. You must undertake any recourse against the carriers in case of delay, damage, missing items or otherwise, under the conditions stipulated by article L 133-3 of the Commercial Code:
The receipt of the transported goods shall cancel any action against the carrier for damage or partial loss if within three days, excluding legal holidays, following the receipt of such goods, the consignee has not sent a justified claim to the carrier by an extrajudicial document or by registered letter.
If, within the above-mentioned time-limit, a request for an expert’s report is made pursuant to Article L 133-4, that application shall constitute a claim without the need to proceed as stated in the first paragraph.
Any contrary stipulations are null and void. The latter provision is not applicable to international transport.
7 – Your payment, credit card security – Officinea works with the BNP and PAYBOX banking operators that incorporate the SSL security standard. Your confidential data (card number, expiry date) are encrypted and directly transmitted on the PAYBOX server and are not transmitted at any time on our server. The PAYBOX server is itself connected to the bank servers. Your bank details are not known to anyone at Officinea.
8 – Your Right of Withdrawal – Pursuant to the provisions of article L 121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of goods that have been opened by the consumer after delivery. In that case, goods cannot be returned for reasons of hygiene or health safety.
Do not hesitate to contact Officinea at firstname.lastname@example.org or at +33 (0)4 89 85 60 49 we will always be available to help you and answer your questions.
9 – Your personal information – Your personal details (identity, address, email address, telephone …) are confidential and will never be transferred to anyone, under any circumstances. The OFFICINEA Laboratory Company is registered with the CNIL (National Commission for Information Technology and Freedom) under number 1687408. The registration with the CNIL guarantees your rights, which in accordance with the data protection law of January 6, 1978 art 34, include rights of access, rectification, and opposition to personal data concerning yourself. Therefore, you only need to contact us to exercise your rights or to access your personal space to modify your data.
10 – Force majeure – Neither you nor Officinea will be liable for the total or partial non-performance of obligations under this contract if such non-performance is caused by an event constituting a Force Majeure.
The Party invoking an event constituting Force Majeure shall notify the other Party within five business days of the occurrence or threat thereof.
The Parties agree that they shall consult as soon as possible in order to determine together arrangements for the execution of the order during the period of Force Majeure.
After more than one month of interruption due to Force Majeure, Officinea may not honor the order, and if necessary, will be responsible for reimbursing the Customer.
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of Force Majeure. Will be regarded as a fortuitous event or Force Majeure all facts or irresistible circumstances, external to the parties, which are unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all possible efforts. The party affected by such circumstances shall notify the other party within ten business days from the date on which it becomes aware the circumstances. The two parties shall contact each other within one month, unless the Force Majeure renders it impossible, in order to evaluate the impact of the event and to agree on the conditions under which the execution of the contract terms will be continued. Specifically, in addition to those usually considered by the jurisprudence in French courts and tribunals, Force Majeure or fortuitous events include: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the disruption of telecommunication networks or problems inherent to telecommunication networks outside of customers’ control.