General Terms and Conditions of Sale
1. Scope of the General Terms and Conditions of Sale
1.1. These General Terms and Conditions apply to all purchases of cosmetics and other products (the “Products”) made on the website www.onagrine.com (the “Website”) by the customer (“Customer” or “You”).
The Products are sold by LABORATOIRES ONAGRINE, a simplified joint-stock company, whose registered office is at 66, avenue des Champs-Élysées, 75008 Paris, in France, registered in the Paris Trade and Companies Register under number 501 521 694. The rights and obligations of the User apply to the Buyer.
1.2. The General Terms and Conditions in force at the time your order is placed which are available on the Website apply to said order. We may change or amend the General Terms and Conditions, You should therefore read the General Terms and Conditions applicable to each new order placed. We advise You to print or save the General Terms and Conditions applicable when placing your order.
2. Customer service
Our customer service department will answer any questions You may have regarding orders placed on the Website. You can contact us by telephone at the standard call rate on +33 473838080 from Monday to Friday 9 am to 6 pm, except on public holidays. You can also reach us by email at the following address: firstname.lastname@example.org, and by letter: Onagrine – Service Consommateurs – 5, rue Louis Blériot 63100 CLERMONT-FERRAND, France.
3. To place an order
3.1. ONAGRINE sells and delivers the Products exclusively in mainland France.
3.2. To be able to purchase the Products, You must:
- be an individual not acting in the context of a commercial, industrial, craft, self-employed or agricultural activity; and
- be at least 18 years old; and
- have the legal capacity to make the purchase.
By placing an order You are making an express solemn declaration that You meet the aforementioned conditions.
4. Products – packaging – storage
Information relating to the essential characteristics of the Products, in particular their quality, price, presentation and packaging is provided on the Website.
The photographs featured on the Website are not contractual.
5. Information on the ordering process and conclusion of the contract
5.1. To place the order, the Customer must select the Products and the desired quantity from the Website and add them to “My Basket”.
5.2. Before confirming the order, we will display on the Website a summary of the Products You have selected in your basket, the total price, including taxes and any other costs if applicable, as well as the additional services You have selected, if applicable, for You to check. You can then see if any entry error has been made and correct it before confirming your order. Before the contract is concluded, the General Terms and Conditions must be read and accepted again. By clicking on the “Place order and pay” button, You are placing a firm and final order and You are obliged to pay the amount of this order.
5.3. After placing the order, the Customer will receive an order confirmation e-mail including the invoice and the General Terms and Conditions.
5.4. The contract between You and ONAGRINE is only concluded if we accept the order. As soon as the order is accepted, a contract is concluded on the basis of the General Terms and Conditions.
5.5. The ordering process and the conclusion of the contract are done in French. Please keep the order and these General Terms and Conditions on a durable and secure medium. For all purchases for a total amount greater than €120, ONAGRINE keeps the history of the contract for 10 years and the Customer can access it on request by contracting ONAGRINE at the following e-mail address: email@example.com.
6. Acceptability of the products
We make every effort to ensure the availability of all the Products offered for sale on the Website. However, in the event that a Product is unavailable, we will not be required to deliver it. The sale of this Product will be terminated, You will be informed within 48 hours and the Product price will be refunded to You within a maximum of 10 working days.
7. Prices and payment methods
7.1. The prices of the Products are those stated on the Website at the time the order is placed. ONAGRINE is free to change its prices at any time.
7.2. All the prices of the Products displayed on the Website are stated in euros and include VAT at the legal rate in force. They do not include delivery costs, which are extra and appear in the order summary. All costs are indicated separately on the Website during the ordering process before your firm and final order is placed.
7.3. Payment must be made by bank card or PayPal. The bank cards accepted by ONAGRINE are Debit card, Visa and Mastercard. These payment cards must be issued by a banking or financial establishment located in the European Union or in Monaco.
7.4. The Customer guarantees ONAGRINE that they have the necessary authorisations to use the payment method they have chosen for their order. Payment is made at the time the order is placed.
7.5. All transmissions of payment-related information take place in a secure context. In particular, when paying by bank card, the transmission of a bank card number and its validity date, as well as its card verification value (CVV) stated on the back of the bank card used by the Customer, is done in a secure context using the online protocols in force on ONAGRINE’s service provider’s server: OVH. The Customer’s communication of their bank card number constitutes authorisation to debit their account with the amount of the order.
8. Delivery of the products
Two delivery methods:
- Standard delivery via Colissimo at 3-4 working days with a shipping cost of €4.90
- Express delivery via Chronopost with next day delivery for any order placed before midday with a shipping cost of €9.90
Standard delivery is free with any purchase of €39 or more.
9. Right of cancellation
9.1. You have 14 working days, from the date of receipt of the order, to inform us that You wish to return one or more products. They must be in their original condition. Please contact our customer service department before returning the product(s). Except in exceptional cases, the shipping costs will be at your expense.
If any of the Products were broken or leaked during transport, please contact our customer service department attaching a photo of the product and the batch number, which You will find on the Product.
If your order is incomplete, or if You have received other products than those ordered, please contact our customer service department.
Products purchased online on this Website cannot be refunded or exchanged at an authorised distributor. Likewise, a product purchased from an authorised distributor cannot be returned as a product purchased online on this Website. The refund will relate to the Products only and will be made directly to the credit card used when ordering. The shipping costs associated with returning your products remain your responsibility.
9.2. To exercise this right, You must within 14 days send ONAGRINE at the address 5 Rue Louis Blériot 63 100 Clermont Ferrand, France, the cancellation form available at formulaire_de_retractation.pdf (onagrine.com).
9.3. The Products must be returned, at your expense, to the following address: ONAGRINE 5 Rue Louis Blériot 63 100 Clermont Ferrand, France, at the latest within 14 days of the date on which You communicated the cancellation form to ONAGRINE.
9.4. The refund will be made within 14 days of receipt of your package by ONAGRINE.
9.5. The Products subject to cancellation must be returned unused, with any labels attached, packaging, or associated sleeves.
The Buyer may be held liable in the event of the Products’ depreciation resulting from any handling other than that required to establish the nature, characteristics and proper functioning of the Products.
10.1. ONAGRINE is bound by the legal guarantee of conformity of the goods under the contract in accordance with the conditions of article L. 211-4 et seq. of the French Consumer Code, and the guarantee against hidden defects of the item sold under the conditions provided for in articles 1641 et seq. of the French Civil Code.
10.2. When You act under the legal guarantee of conformity, You have a period of two years from the delivery of the Product to act, and during this period You are exempt from providing proof of the existence of the Product’s lack of conformity.
You can request the Product’s replacement or its refund.
10.3. You can also decide to implement the Product’s guarantee against hidden defects within the meaning of article 1641 of the French Civil Code, and in this case You can choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
“Article L. 217-4 of the French Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been their responsibility as declared in the contract or has been carried out under their responsibility.”
“Article L. 217-5 of the French Consumer Code: The good conforms to the contract:
1 – If it is fit for the use usually expected of a similar good and, if applicable:
- a) if it corresponds to the description given by the seller and has the qualities the latter presented to the buyer in the form of a sample or model;
- b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
2 – Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
“Article L. 217-12: The action resulting from the lack of conformity shall be limited to two years from the delivery of the good”.
“Article 1641 of the French Civil Code: The seller is bound by the guarantee against hidden defects in the item sold which make it unfit for its intended use, or which diminish this use to such a degree that the buyer would not have purchased it, or would have paid a lower price had they known about them.”
“Article 1648 of the French Civil Code, paragraph one: The action resulting from the redhibitory defects must be filed by the buyer within two years of the discovery of the defect.”
11.1. ONAGRINE will be released from the planned delivery, in the case of an event constituting force majeure (in particular in the event of fire, explosion, network failure, flood, snow, ice, accident, vehicle breakdown, etc.) that is therefore beyond its control.
11.2. The information provided by the Customer when ordering is binding. The Customer undertakes not to use false information or information from third parties, not to infringe the rights of third parties, and more generally not to make use of the Website in a manner that could give rise to any civil or criminal action according to the laws in force. The Customer guarantees ONAGRINE against any legal action to which it could be subject in this regard.
11.3. ONAGRINE can in no way be held liable:
- in the event of false information or a contact detail entry error made by the Customer;
- in the event of the Customer’s improper use of their user ID or the ordering procedure;
- in the event of a very low product price that is clearly displayed in error.
11.4. ONAGRINE, in all stages of the online sales process, is only bound by an obligation of means; it cannot be held liable for technical or hardware errors, or for any direct or indirect damage such as loss of data, intrusion, viruses, service interruptions, other involuntary problems or cases of force majeure resulting both from the use of the Internet network and the Website.
11.5. ONAGRINE accepts no liability for:
- any interruption of access to the Website;
- the occurrence of bugs;
- any damage resulting from a fraudulent intrusion by a third party leading to modification of the information made available on the Website.
11.6. For maintenance reasons, ONAGRINE may interrupt access to the Website and will endeavour to notify Customers in advance. The Website Customer acknowledges they have verified that the computer configuration used does not contain any viruses and that it is in perfect working order.
12. Complaints / mediation
12.1. In the event of a complaint, the Customer must send their request in writing to the customer service department indicated in article 2 above.
13. Applicable law
The contract concluded between ONAGRINE and the Customer is governed by French law.