General Terms of Sale

Preamble

The General Terms of sale set out herein are applicable to legal operations in connection with products marketed by ONIRIS to their clients on their online shop.

Definitions

The following words or expressions shall have the following meanings:

• Internet Shop: is an Internet site on which the Products are presented and sold to clients.
• Order: is the sales contract concluded between ONIRIS and the client of the ONIRIS Internet Shop.
• Product Information Sheet: is all existing information pertaining to a product supplied by ONIRIS at the time said product is marketed on the Internet Shop.
• Products: are all goods and services sold by ONIRIS on its Internet Shop.
• Service: the sale of Products by ONIRIS to clients on its Internet Shop.
• Transaction: are all operations, secure processing, authorisations and agreements pertaining to the payment of the price of Products ordered by credit card.

ARTICLE 1 – PURPOSE

The purpose of the General Terms and Conditions of Sale is to define the terms and conditions according to which ONIRIS offers and sells Products to its clients.

These General Terms and Conditions of Sale shall prevail over any other conditions appearing in any other document, unless a prior, express and written exemption is made.

ARTICLE 2 – ACCEPTANCE OF CONDITIONS

In addition, our website uses the Google Analytics service. This is a service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, i.e. text files, which are stored on your computer and enable an analysis of your purchasing habits. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google complies with the data protection provisions of the Safe Harbor Principles and participates in the American Department of Commerce’s Safe Harbor programme. Google uses this information in order to learn about your use of the website, to provide us with reports on website visits and to provide other services related to the use of the website and the Internet. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by selecting the corresponding settings in your browser options. This will, however, prevent you from using certain features of our website. By using our website, you consent to the processing of your data by Google in the manner and for the purposes set out above.

ARTICLE 3 – PRODUCTS

The majority of products offered by ONIRIS to its customers are immediately available. However, all products marketed by ONIRIS may or may not necessarily be sold online.

ARTICLE 4 – ORDER

Automatic registration systems are considered to be proof of the nature, content and date of the Order.

ONIRIS shall confirm the acceptance of the Order by sending a confirmation message to the client at the e-mail address provided by the client. The sale will only be concluded once the order confirmation has been sent.

ONIRIS reserves the right to refuse or cancel any Order placed by a client in the event of the client’s insolvency, or in the event of the client’s failure to pay for the Order in question or a previous delivery, or in the event of a dispute relating to the payment of a previous order.

The client is exclusively responsible for any information that he or she provides when making the Order. ONIRIS shall in no way be held responsible for any typing errors made by the client especially concerning, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).

ARTICLE 5 – DELIVERY

Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, ONIRIS undertakes to ship the Product(s) to the client or recipients address within 48 to 72 business hours following the receipt of payment.

All Products set out in the Sales Order transmitted to ONIRIS are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.

If necessary, the customer agrees to pay upon receipt of goods, all taxes, duties, fees and other charges, present and future due under the delivery of the products themselves; the joint and several liability of ONIRIS shall in no way be incurred in this regard.

The clients or recipients of the Products shall refrain from any partial or total resale of the Products.

Delivery will be made by La Poste or Fedex depending on the destination. In accordance with the customary practice of mail-order sales, the seller is no longer liable at the time of mailing. The Products always travel at the recipient’s own risk.

Delivery rates can be found on the shopping cart page. In the event of a delay in delivery exceeding seven (7) days, the Customer may, if they wish to do so, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days from the delivery date initially provided for in the contract.

Upon receipt of the Products ordered, the client or the recipient shall ensure that the Product(s) delivered are in good working order and shall read the conditions of use described in the instruction manual supplied to him/her.

In the event that one or several of the Products ordered are missing or damaged, the client or the recipient shall inform the carrier of said defect or damage at the time of delivery.

Depending on the availability of the Products ordered, one Order may be subject to successive deliveries to the client.

In the event that the client wishes to have the Products delivered to two different addresses, it is necessary to place two separate Orders.

ARTICLE 6 – WITHDRAWAL

The customer shall have a period of 7 days from receipt of the Products ordered to return said Products to ONIRIS for exchange or reimbursement without having to justify the reasons or pay any terms and conditions with the exception of return shipping charges. The 7-day period starts from the receipt of the Products ordered. When the 7-day period expires on Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. In this case, the client shall return the new Products, intact, along with all accessories, instruction manuals and documentation to the following address:

Laboratoire ONIRIS & TALI
147 Avenue Paul Doumer – 92500 Rueil Malmaison
France

In the event of exercising the right of withdrawal, ONIRIS undertakes to reimburse the sums paid by the customer, free of charge, except for the cost of the return. The refund is due within a maximum of 30 days.

ARTICLE 7 – PRICES

The price is expressed in £.

The price indicated on the Product Information Sheets does not include transport costs. The price indicated in the Order confirmation is the final price.

This price includes the price of the Products, the handling, packaging and conservation costs of the Products, as well as the transport and commissioning costs. This price does not include customs clearance costs, nor taxes and duties related to exportation to countries outside the European Union.

ARTICLE 8 – PAYMENT

The price invoiced to the Customer shall be the price indicated on the Order confirmation sent by ONIRIS. The price of the Products is payable in cash by one of the payment methods offered on the site on the day of the actual order. The Order approved by the client shall only be considered effective once the secure bank payment centre has given its approval of the transaction and, where applicable, after the insurer has accepted to assume the risks associated therewith.

ARTICLE 9 – APPLICABLE LAW

These general terms and conditions of sale are subject to French law.

ARTICLE 10 – LIABILITY

ONIRIS shall not be held liable for damages of any kind, whether material, immaterial or bodily, that could result from improper functioning or use of the Products marketed.

The same applies to any modifications to the Products resulting from the manufacturers. The responsibility of ONIRIS will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions that could have remained despite all precautions taken in the presentation of products.

In case of difficulties in the application of this contract, the customer and ONIRIS reserve the right, before any legal action, to seek an amicable solution.

Failing this, for commercial clients, the Commercial Court of Paris, France shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.

ARTICLE 11 – WARRANTY

In any case ONIRIS cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt.

The liability of ONIRIS shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.

In any case, the customer benefits from the legal warranty of eviction and hidden defects provided for in Articles 1625 et seq. of the Civil Code.

The customer may contact customer service by phone on +33 (0) 1 47 16 17 17 or by email at contact@oniris-ronflement.fr

Answer: within 48 hours.

ARTICLE 12 – LEGAL INFORMATION

The personal information collected for the purposes of distance selling is compulsory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty agreements. Failure to provide this information will result in the non-validation of the Order.

In accordance with the law on “Informatics and Liberties” the processing of nominative information relating to customers has been subject to a declaration (1758097) from the National Commission on Informatics and Liberties (CNIL). The customer has a right to access, modify, rectify and delete data concerning them, which they can exercise with ONIRIS.

The Customer agrees to receive promotional offers from ONIRIS by email following their order.

ONIRIS undertakes to not communicate, whether free of charge or for consideration, the details of its customers to a third party.