SCOPE
GENERAL CONDITIONS OF SALE
PREAMBLE
The proposal and sale of products on our website “oceopin.com” are governed by the following General Conditions of Sale.
Products purchased on oceopin.com are sold directly by OCÉOPIN, a French Limited Company with a capital of 3,000 euros, whose Head Office is located at Le Grand Bos, BP5, 33930 Vendays Montalivet, France. This company is listed in the Bordeaux Companies Register with the number 750 093 775. Its international VAT number is FR 65 750 093 775.
OCÉOPIN offers products for sale on its oceopin.com website, conducting its own online sales business and targeting final consumers exclusively. “Final consumer” means any natural person, who transacts for reasons that have no connection with any business or professional activity that they might have. If you are not a “final consumer” in this sense, please refrain from carrying out any commercial transactions on oceopin.com. In view of the business policy described above, oceopin.com reserves the right to ignore orders coming from any person, who is not a “final consumer”, or any order that is not in line with its business policy as defined in these General Conditions of Sale.
These General Conditions of Sale may undergo modification, especially with regard to any future changes in regulations or standards. These General Conditions of Sale take force as soon as they are published on oceopin.com
ARTICLE 1 – PRODUCTS
Products offered for sale are those on line at the time of your order, subject to availability. If a product is not available, oceopin.com will let customers know as quickly as possible and payment for the order will be reimbursed within fourteen (14) days.
oceopin.com’s customer service team is available to answer all requests for further information sent via the contact form, by email to eshop@oceopin.com or by telephone at the following number: +33 556 417 005
ARTICLE 2 – ORDERS
When you confirm your online order you unreservedly accept and commit to respect these General Conditions of Sale in your dealings with oceopin.com.
Our automatic order-taking system is deemed to constitute proof that a contract of sale has been finalised. Customers receive confirmation of their order no later than one hour after placing it at the e-mail address given during the ordering process. The confirmation recaps the main characteristics of the order. It is archived by oceopin.com and is deemed to be proof of the transaction and its date.
You may open an account in which you can save invoicing and delivery details for future orders. You are requested to create your own password to be able to use your account at a later date. You take full responsibility for keeping your identifiers strictly confidential and agree never to divulge them to other parties. Consequently, all purchases carried out using your identifiers will be deemed to be initiated by you. If your password is lost, stolen or used fraudulently, you undertake to inform oceopin.com immediately.
ARTICLE 3 – PRICES
3.1 – Our product prices are quoted in Euros inclusive of tax. These prices do not include transport, packaging, processing or dispatching costs, which will be invoiced as an extra charge to be detailed to the customer, when the order is finally confirmed, unless oceopin.com includes these services at no extra cost.
3.2 – If you order goods for a country outside metropolitan France, you are the importer of the goods concerned. For all products sent outside the European Union and French overseas départements and territories, prices will be automatically calculated excluding tax on the invoice. Customs duties, local taxes, importation levies or state taxes may be payable. These duties and sums are not the responsibility of oceopin.com. They will be at your cost and you are fully responsible for all declarations and payment to the authorities and concerned organisations of your country. We advise that you seek information about these aspects from your local national authorities.
3.3 – All orders must be paid for in Euros.
3.4 – oceopin.com reserves the right to change prices at any time, but products will be invoiced at the prices that were current at the point when orders for them were taken, as long as they were available in stock.
ARTICLE 4 – DELIVERY
oceopin.com delivers its products in France and in most countries. The products are delivered to the address given during the order-taking process.
Deliveries in metropolitan France in the EU and outside the EU are carried out using the tracked Colissimo service.
Delivery charges are calculated automatically, when you close your basket of purchases, and appear in the total to be paid. The amount of theses charges depends on the products ordered and where they are to be delivered. Customs duties and other charges incurred in the destination country are to be paid by the recipient.
Costs and risks connected with delivering products are to be paid solely by the Seller.
oceopin.com adheres to the following delivery times and costs:
• Metropolitan France: 2 to 4 working days after acceptance of the order – €5
• EU: 4 to 6 working days after acceptance of the order – €8
• Rest of the world: 5 to 10 working days after acceptance of the order – €15
Free delivery of all orders worth more than €50 in metropolitan France only.
If these delivery times are not respected, except in the case of force majeure, the customer may:
• Demand by registered letter with acknowledgement of receipt or in writing on another durable medium that the Seller delivers the goods within a reasonable extra time, or
• Rightfully request by registered letter with acknowledgement of receipt that the sale be cancelled and full reimbursement of the order be made.
When we send parcels, we send you their tracking numbers by e-mail. You can track your parcel from its departure to its delivery by entering the tracking number on the website www.coliposte.net
When the goods are delivered, we encourage you to check that the products are in good condition. If anomalies have occurred (e.g. the parcel has been opened or the product is damaged), please describe in your own handwriting the defect you have found and sign your comments, if possible on the delivery form. You should then contact our customer service.
ARTICLE 5 – PAYMENT
Purchases are paid for by VISA or MASTERCARD credit cards. The cards are actually debited when orders are confirmed.
Our website has a secure payments system, which encrypts sensitive data linked to payment channels. oceopin.com and its banking services provider are responsible for ensuring that all the data concerning your order is protected and remains strictly confidential.
The purpose of this automatic data processing is to define a level of transaction analysis and to combat bank card fraud. The data recorded by oceopin.com’s banking services provider constitute proof of the whole financial transaction between oceopin.com, the customer and the respective banks.
ARTICLE 6 – MONEY-BACK GUARANTEE
oceopin.com is committed to providing you with top quality products.
In accordance with the law, customers have fourteen (14) days from the point they receive the goods to cancel their order and a further fourteen (14) days to return the product that did not suit their requirements.
Goods must be returned in their original packaging in perfect condition and with no sign of use, together with the corresponding invoice and delivery form. This should be done after our customer service has been informed:
• By post addressed to: SARL OCÉOPIN – Le Grand Bos, BP5- 33930 Vendays Montalivet, France
• In an e-mail sent to the following electronic address: eshop@oceopin.com
• By calling a customer advisor on +33 556 417 005 from Monday to Friday between 8.0 a.m. and 5.30 p.m. This number is not a premium rate number and charges will be based on local call rates from France.
• Using the non-mandatory order cancellation form, which can be downloaded here
Reimbursement of all the sums paid, including delivery expenses will be carried out without delay, 14 days at the latest after we receive the returned goods in their original packaging at our depot. We will then reimburse the sums using the same payment channel as that employed when you placed the order, unless the customer expressly accepts another means of reimbursement.
The Buyer agrees to cover the costs and risks of transporting the goods sold, after their delivery.
However, Article L221-28 of the French Consumer Code lists exclusions with regard to exercising the right to cancel orders.
ARTICLE 7 – INTELLECTUAL PROPERTY
All text, comments, works, illustrations and images displayed on the oceopin.com website are protected worldwide by copyright, brands and patents, including as intellectual property. They belong exclusively to OCÉOPIN.
In this regard, in accordance with the French Code of Intellectual Property, private and personal use of these items is only authorised subject to the specific and more restrictive provisions of the aforementioned Code. Any partial or complete reproduction of the oceopin.com website is strictly forbidden. Users wishing to establish a link on any website to the oceopin.com site must request prior written authorisation to do so from OCÉOPIN.
ARTICLE 8 – RESPONSABILITY
The products for sale comply with current French law. It is your responsibility to check with the authorities in your country about importing and using the products or services you intend to order.
ARTICLE 9 – GARANTEE
The products sold on oceopin.com comply with European legislation with regard to cosmetics (Regulation 1223-2009 relative to cosmetics).
If a customer declares a latent or apparent defect, or deterioration of the product after the delivery date by registered letter with acknowledgement of receipt, the Seller undertakes to replace the products concerned at his own cost as promptly as possible.
This guarantee does not cover defects resulting from abnormal or improper use or any cause extraneous to the intrinsic qualities of the products.
The previous provisions do not exclude application of the legal guarantee for hidden defects provided for in Articles 1641 and following of the French Civil Code as laid out in Article L. 217-4 of the French Consumer Code.
Customers may exercise these guarantees by sending their request to:
SARL OCÉOPIN
Le Grand Bos, BP5
33930 Vendays Montalivet
France
When the Buyer invokes the legal guarantee of conformity (s)he:
• Can do so within a period of two years after delivery of the goods
• May choose between repairing the goods or replacing them subject to the conditions of cost laid out in Article L. 217-9 of the French Consumer Code
• Will not be required to prove the existence of the defect in the first six months following the delivery of the goods
The guarantee of conformity will apply independently of the commercial guarantee that is given.
The Buyer may also decide to invoke the guarantee for latent defects in goods sold as provided for in Article 1641 of the French Civil Code and as such opt for cancellation of the sale or a decrease in the sale price as stipulated in Article 1644 of the French Civil Code.
ARTICLE 10 – AMICABLE SETTLEMENT OF DISPUTES
Pursuant to Article L. 612-1 of the French Consumer Code, “Any consumer is entitled to enlist the services of a consumer mediator at no cost with a view to amicably resolving a dispute (s)he may have with a professional.”
Disputes within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature that concern the execution of a sales or service provision contract, between a consumer and a professional. The laws in question cover national and cross-frontier disputes.
If a difficulty or dispute arises, an amicable solution will be sought before any legal action is taken. We request that you contact our customer service department at eshop@oceopin.com or by telephone on + 33 556 417 005 or by post at the following address:
SARL OCÉOPIN
Le Grand Bos, BP5
33930 Vendays Montalivet
France
Within a year of your contacting our customer service department and if the dispute has not been resolved, you are entitled in application of Article R. 616-1 of the French Consumer Code to ask the mediator whose details you will find below to examine your claim at no cost.
MEDICYS: 73, boulevard de Clichy – 75009 Paris – France
To know more about enlisting the services of the Mediator, click on the following link: http://www.medicys.fr
It should be borne in mind that, barring exceptions, a dispute can only be examined by one mediator.
Cross-frontier disputes: European Consumer Centre France: http://www.europe-consommateurs.eu
You may engage legal advice at your own cost.
ARTICLE 11 – APPLICABLE LAW – DISPUTES
These General Conditions of Sale have been drafted in French and are governed by French Law. In the event of a legal dispute the French courts will have sole jurisdiction.
ARTICLE 12 – PERSONAL INFORMATION
oceopin.com undertakes not to divulge to any third party the information you send. This information remains confidential. It will only be used by our business to process your order and to enhance and customise communications, especially in the oceopin.com newsletters that customers choose to subscribe to.
As a result, in application of the French Law on information technology and freedom dated 6th January 1978, you have a right to gain access to your personal data held by us and to correct it or request its cancellation. In order to do this, you merely need to make a corresponding online request to eshop@oceopin.com or send your request by post, citing your first name, surname and address, to:
SARL OCÉOPIN
Le Grand Bos, BP5
33930 Vendays Montalivet
France
Person in charge of publication: Marina Berger Collinet-Ourthe