General Terms and Conditions of Sale
These general terms and conditions of sale govern exclusively the sale of products offered on the Site.
They are systematically accessible on the present Site by the buyer at the time of the registration of the order. Consequently, the fact of placing an order and ticking the box indicating that you accept these general terms and conditions of sale implies the buyer's full and unreserved acceptance of these general terms and conditions of sale.
Any condition to the contrary imposed by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of the time at which it may have been brought to the seller's attention.
The fact that the seller does not take advantage at a given moment of any of the present general conditions of sale cannot be interpreted as a waiver of the right to take advantage at a later date of any of the said conditions.
OFFERS AND PRICES
All product offers proposed on the Site are limited to Metropolitan France, Corsica and Monaco. Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
The prices appearing on this Site are indicated in Euros, including all taxes, but excluding shipping and delivery costs (see Delivery), and are subject to change during the year, it being understood that the products ordered are invoiced at the prices in force at the time the order is registered. Additional costs (shipping costs and special packaging) will be specified to the consumer before the validation of the order, and are available in the "Delivery" article below.
The products remain the entire property of "Odore Scola" until full payment has been received by "Odore Scola". All risk of loss or damage to the products is transferred to you at the moment when you or a third party designated by you, and other than the carrier we propose, takes physical possession of the products.
ORDERING AND VALIDATION OF THE TRANSACTION
When you confirm your order by clicking on the "order and pay" button and tick the box corresponding to the acceptance of the general conditions, you declare that you accept the order and the entirety of these general conditions of sale fully and without reservation. Your order is then processed so that you can receive your package. You can print your order form.
As soon as your order is registered, a detailed acknowledgement of receipt will be sent to your email address. This acknowledgement of receipt will indicate the exact amount charged and the delivery terms of your order. It will also include a copy of these terms and conditions. You agree that our order recording systems shall constitute evidence of the nature and date of the agreement, although any other form of evidence is acceptable.
However, we reserve the right to refuse any order for any legitimate reason, for example where there is a dispute over payment of a previous order.
AVAILABILITY OF PRODUCTS
Our offers of products proposed on the Site are valid only within the limits of available stocks. Products that are out of stock will be identified on the Site and cannot be ordered.
The payment of your purchases on the Site is made exclusively in Euros and can be made either by bank card (Visa, Mastercard, CB), a solution proposed by our payment partner Stripe.
Payment by credit card: this is done online when the order is placed and is entirely secure. The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. You then make your purchases in complete security.
Deliveries are made within the time specified when the order is placed. Deliveries are made in metropolitan France, in the overseas territories and in Corsica. We also make deliveries in Europe. It is up to you to provide us with all the details necessary for the correct delivery of your order.
For Metropolitan France (excluding Corsica and overseas territories), standard shipping costs (corresponding to delivery by Colissimo or a relay point) are offered for all orders over 65 Euros. Your order will be delivered within a maximum of 30 days from the date of placing the order.
Your package will be sent to you by post.
In the event of cancellation of the sale or non-delivery of the order, we will proceed to the total refund of your purchase, including delivery costs, using the same means of payment used at the time of your purchase, unless you expressly agree. The refund will be made within 14 days from the date of cancellation of the contract.
RIGHT OF WITHDRAWAL
You have the legal right to withdraw from this contract without giving any reason within fourteen days of receipt of the goods which are the subject of your order, either by you or by a third party designated by you.
This right of withdrawal is limited to your purchases on the Site, and not in physical outlets.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (by post, fax or e-mail)
- by post to the following address :
133 rue Henri Fabre, 34130 MAUGUIO
- or by e-mail to email@example.com
You must return the goods to Odore Scola, 133 rue Henri Fabre, 34130 MAUGUIO without undue delay and, in any case, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the expiry of the fourteen day period. You will have to bear the direct costs of returning the goods.
You must return the product in its original condition, and you are responsible for any depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us), with the exception of the cost of returning the goods, without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.
EXCEPTION TO THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded for cosmetic goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection, such as lip balms, skin creams, soaps etc.
You benefit from the legal guarantees detailed in the box below:
We are liable for defects in the conformity of the goods in accordance with Articles L. 217-4 (and following) of the Consumer Code and for hidden defects in the goods sold, under the conditions set out in Articles 1641 (and following) of the Civil Code.
• Legal guarantee of conformity
You have a period of two (2) years from the delivery of the goods to act on the basis of the legal guarantee.
In the event of a lack of conformity, you may choose between repairing or replacing the goods, in accordance with Article L. 217-9 of the French Consumer Code. We may, however, choose not to proceed according to your choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect.
If repair or replacement of the goods is impossible, you may choose between the restitution of part of the price or the cancellation of the contract, in accordance with Article L. 217-10 of the Consumer Code.
During the 24 months following the delivery of the goods that are the subject of your order, you are exempt from proving the existence of the lack of conformity.
• Guarantee against defects in the goods sold
You may also exercise the guarantee against hidden defects of the thing sold as provided for in Article 1641 of the Civil Code
In this case, you can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The duration of the legal guarantee of conformity may in some cases be incompatible with the nature of the products ordered, in particular in the case of perishable or rapidly usable goods (such as soap, shower gel etc.).
For all warranty claims, please contact our Consumer Service by mail or email.
If the delivered products show obvious defects, manufacturing faults or damage in transit, please report these defects to us immediately or to the carrier. Failure to report such defects does not deprive you of the benefit of the legal guarantees.
We do not accept any liability for:
- any damage resulting from a case of force majeure within the meaning of Article 1218 of the Civil Code;
- any damage not resulting from a breach of our legal or contractual obligations (e.g. lack of access to the Site due to the failure of your internet service provider);
- any indirect damage.
These general terms and conditions of sale, their formation, interpretation, execution, termination or expiration are subject to French law.
Any dispute relating to these general terms and conditions, their formation, interpretation, execution, termination or expiry shall be subject to the exclusive jurisdiction of the French courts