LABORATOIRES ONAGRINE, a simplified joint stock company with a capital of €1,282,500; whose head office is located at 66, avenue des Champs-Élysées, 75008 Paris, France, registered in the Paris Trade and Companies Register under the number 501 521 694, represented by its chairman, makes available to the ""User"" a ""Website"" located at the following address: http://www.onagrine.com, presenting ""Product Sheets"", for items that it offers for sale, with a view to their acquisition by Users, who thus become ""Buyers"". The rights and obligations of the User apply to the Buyer.
The Products are intended for the User's personal use, unrelated to their professional activity. LABORATOIRES ONAGRINE reserves the right to impose an order limitation, in number of Products of the same reference.
The purpose of these General Terms and Conditions is to define the conditions under which LABORATOIRES ONAGRINE makes the Website available to the User. These General Terms and Conditions form the ""Contract"" which governs, alone, without limitation or qualification, all the Sales proposed by LABORATOIRES ONAGRINE within the framework of the Website. The present General Terms and Conditions shall prevail over all other conditions appearing in any other document unless previously agreed otherwise between the parties in writing.
III. Products: Features, Prices, Shipping costs, Payment Terms
Our Product Sheets contain the key characteristics of our Products, the Price, date and associated delivery time.
a. Product Features
Our Products features are indicated on the Product Sheets.
Our Products comply, in terms of content and packaging, with French legislation and applicable European standards. LABORATOIRES ONAGRINE cannot be held responsible for the conformity of the Products with standards other than these. The Buyer undertakes to check with the local authorities of the country of delivery that their order complies with the applicable regulations.
b. Product Price
Unless otherwise stated, the Product Price is mentioned on the Product Sheet:
(i) includes Product packaging costs;
(ii) includes Value Added Tax (VAT);
(iii) does not include taxes other than Value Added Tax
(iv) does not include Product shipping costs from LABORATOIRES ONAGRINE to the Buyer, which are payable by the Buyer, their amount being specified at the following address: http://www.onagrine.com/content/1-livraison-transport.
In all cases, the User is always informed of the price including VAT in sufficient time to freely decide the appropriateness of the envisaged order.
c. Shipping costs for the delivery of the Products to the Buyer
The shipping costs for the shipment of the Product from LABORATOIRES ONAGRINE to the Buyer shall be borne by the Buyer, and to be paid in addition to the Price.
The costs of this service are available on the Website at the following address:
d. Product delivery time
Products are delivered in metropolitan France and Corsica. Products will be delivered within a maximum of 7 working days.
e. Methods of payment
The following payment methods are accepted: Bank cards.
IV. Receipt of Products upon delivery
a. Incorrect delivery information
The Buyer is solely responsible for delivery difficulties related to LABORATOIRES ONAGRINE’s lack of information at the time of the order.
b. Condition of Products at the delivery
Pursuant to Article L.133-3 of the French Commercial Code, reservations must be made to the carrier within three working days. Accordingly, the Buyer is requested to:
- carefully inspect Products upon receipt, and express any useful reservations concerning the condition of the products upon delivery on the carrier's shipping voucher;
- if necessary, notify said reservations to LABORATOIRES ONAGRINE within 48 hours by Registered Letter with proof of delivery.
a. Existence of the right of withdrawal
Pursuant to Article L. 121-21 and following of the French Consumer Code, the Buyer has a period of fourteen (14) days to withdraw from their “contract concluded at a distance”, without having to justify their decision.
The Products subject to retraction must be returned unused, with any labels attached, packaging, sleeves and/or associated bags.
The Buyer may be held liable in the event of depreciation of the Products resulting from manipulations other than the ones necessary to establish the nature, characteristics and proper functioning of the Products.
Starting point and expiry of the withdrawal period
The right of withdrawal can be exercised by the Buyer from the conclusion of the contract.
The period of fourteen days runs from the day of receipt of the goods by the Buyer. In the case of an order relating to several goods delivered separately, the time runs from the reception of the last item.
Where this period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the first following working day.
Implementation of the right of withdrawal
The Buyer shall inform LABORATOIRES ONAGRINE of their withdrawal decision by sending to LABORATOIRES ONAGRINE, before the expiry of the fourteen-day period, the withdrawal form or any other unambiguous declaration expressing their wish to withdraw.
The right of withdrawal can be exercised by simply returning the Product to LABORATOIRES ONAGRINE, at the following address: Service Qualité, 5 rue Louis Blériot ZI Le Brézet 63017 Clermont-Ferrand cedex 2, France; in conditions that ensure its preservation and adapted to its value.
Pursuant to Article L. 121-21-4 of the French Consumer Code, when the right of withdrawal is exercised, LABORATOIRES ONAGRINE shall refund to the Buyer all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days following the date on which LABORATOIRES ONAGRINE is informed of the Buyer's decision to withdraw.
The Buyer bears the direct costs of returning the goods.
LABORATOIRES ONAGRINE shall make this refund using the same means of payment as that used by the Buyer for the original transaction unless expressly agreed by the Buyer for LABORATOIRES ONAGRINE to use another means of payment and provided that the refund does not entail any costs for the Buyer.
LABORATOIRES ONAGRINE is not obliged to refund additional charges if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by LABORATOIRES ONAGRINE.
b. No right of withdrawal
The Buyer may not exercise a right of withdrawal in cases where the Products concerned:
- have been made to Buyer's specifications or have been clearly customised;
- are likely to deteriorate or expire rapidly;
- have been unsealed by Buyer after delivery and cannot be returned for reasons of hygiene or health protection;
- have been delivered and by their nature are mixed inseparably with other articles.
VI. Product Guarantees
The Buyer benefits at least from the following legal guarantees:
- the legal guarantee of conformity, in application of articles L. 211-4 et seq. of the French Consumer Code art. L 211-4 and following, and
- the ""guarantee of the defects of the thing sold"", under the conditions provided for in articles 1641 and following of the French Civil Code.
a. Legal guarantee of conformity
Pursuant to Article L. 211-4 of the French Consumer Code,
“The seller must deliver goods which are in conformity with the sales 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.”
Pursuant to Article L. 211-5 of the French Consumer Code,
""To be in compliance with the contract, the goods must:
1º Be fit for the use usually expected of a similar good and, if applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, in particular in advertising or labelling;
2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter”.
Any lack of conformity which becomes apparent within six months of the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise.
For the most part, under this guarantee, the Buyer is entitled to demand that the goods conform to the contract, at no cost to them.
In the event of lack of conformity, they shall choose between repair or replacement of the goods, unless this choice entails a cost manifestly disproportionate to that of the other method, taking into account the value of the goods or the importance of the defect.
Where repair and replacement is not possible, the Buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
Finally, pursuant to Article L. 211-12 of the Consumer Code,
"The action resulting from the lack of conformity shall be limited to two years from the delivery of the goods”.
For more information on the procedures for exercising the legal guarantee of conformity, see articles L. 211-4 to L. 211-14 of the French Consumer Code.
b. ""Guarantee of the defects of the thing sold""
Pursuant to article 1641 of the French Civil Code,
""The seller is bound by the guarantee in respect of ""hidden defects in the thing sold"" which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, had they known about them.”
Essentially, under this guarantee, the Buyer has the choice of returning the item and being refunded or keeping the item and being refunded part of the price.
Pursuant to article 1648 paragraph 1 of the French Civil Code,
""The action resulting from unacceptable latent or hidden defects must be filed by the Buyer within two years of the discovery of the defect”.
For more information on the procedures for exercising the legal guarantee of conformity, see articles 1641 to 1649 of the French Civil Code.
The User of the Website undertakes, by its use which implies acceptance of the present, to release LABORATOIRES ONAGRINE from any liability for any claim and any damage - present or future - resulting directly or indirectly from the use of the Website. If LABORATOIRES ONAGRINE’s liability were to be retained for damage suffered by the Buyer and attributable to the placing of an order, this must be limited to the amount of the order paid by the Buyer to LABORATOIRES ONAGRINE.
To the extent permitted by applicable law, and without prejudice to any other provisions of the Contract, the liability of the Website shall not exceed the direct and foreseeable damage suffered by the Buyer caused by a breach by LABORATOIRES ONAGRINE of its obligations.
LABORATOIRES ONAGRINE cannot be held responsible in any capacity whatsoever for the consequences for the Buyer or any third party whatsoever, in the event of non-compliance with a legal or regulatory provision or the Contract.
LABORATOIRES ONAGRINE shall not be held liable in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the Buyer's fault, to the occurrence of an event beyond LABORATOIRES ONAGRINE's control or to the occurrence of an event of force majeure.
VIII. Use of the Website
LABORATOIRES ONAGRINE undertakes to respect:
(ii) the laws, regulations, standards and practices in force, in particular by following the declaration procedures applicable to the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority);
(iii) all requests from Users concerning their personal data and rights in terms of personal data protection or data aimed at any legal compliance objective.
a. Protection of personal data
LABORATOIRES ONAGRINE collects and uses the personal data of Users and Buyers for the processing of orders and payments, and for the personalisation of its services.
By registering or using the Website, the User consents to this use of their personal data, provided that LABORATOIRES ONAGRINE undertakes:
(i) to respect for any processing, its description, its purpose and the relevance of the data;
(ii) to keep the data for a limited period of time;
(iii) to take all necessary measures to ensure the security, confidentiality and integrity of the personal data collected by the Website;
(iv) to seek the User's consent as soon as the processing envisaged so requires; and
(v) to respect the rights of the interested parties, in particular with regard to access, rectification and opposition.
In all cases, the User may exercise their rights in terms of protection of personal data by writing to LABORATOIRES ONAGRINE, to the “Service Informatique et Libertés” (DPS centre) at the following address: 5 rue Louis Blériot, ZI Le Brézet, 63017 Clermont-Ferrand cedex 2, France.
b. User ID and password
The User is the sole holder of the identification information (identifier and password) allowing access to their account on the Website. The login and password are strictly personal. LABORATOIRES ONAGRINE declines all responsibility in the event of use by a third party of the said identification information.
c. Property of LABORATOIRES ONAGRINE
Without prejudice to the provisions of the Contract relating to intellectual property, the elements of the Website, the name LABORATOIRES ONAGRINE, as well as all figurative or not, and, more generally, all other trademarks, illustrations, images and logos appearing on the Website, whether registered or not, constitute the exclusive property of LABORATOIRES ONAGRINE.
Any reproduction, use, modification of these elements without prior written permission from LABORATOIRES ONAGRINE is prohibited.
The User undertakes not to use the Website for purposes other than those provided for in the Contract. The User is prohibited from visiting, consulting, or modifying files that do not belong to them.
The User is informed that LABORATOIRES ONAGRINE cannot guarantee uninterrupted service. Access to the Website may be suspended or slowed down for technical maintenance reasons. LABORATOIRES ONAGRINE will endeavour to minimise the duration of such interruptions or unavailability of the Website.
LABORATOIRES ONAGRINE cannot be held responsible in case of technical, hardware or software failure (including viruses or bugs) on the Website.
LABORATOIRES ONAGRINE cannot be held responsible in the event of long-term failure of the electricity or telecommunications network, strikes, riots, wars, storms, earthquakes, loss of Internet connectivity due to operators on whom the Website depends.
IX. General provisions
The User represents and guarantees that they:
(i) have the power, capacity, and authority to enter into the Contract and perform the obligations under the Contract;
(ii) act as an independent entity and therefore bears the sole risk and peril of their business;
(iii) have verified the suitability of the Contract for their purposes; and
(iv) have all the information necessary to enter into this Contract with full knowledge of the facts.
The fact that LABORATOIRES ONAGRINE does not claim the application of a stipulation of the Contract or consent to its execution does not constitute a waiver by LABORATOIRES ONAGRINE of its right to avail itself of the said stipulation.
Unless proven otherwise, the data recorded by the Website constitute proof of all transactions relating to the Contract.
The section headings present in the Contract are for convenience and reference only. These headings shall not have any value of their own. Capitalised terms of the Contract shall have the meaning given to them by the parties in the context of their relationship, pursuant hereto.
Amendments to contractual stipulations
Any use of the Website implies acceptance of the General Conditions in force. LABORATOIRES ONAGRINE can modify the General Conditions at its convenience. Unless legally required, no modification of these General Terms and Conditions affects orders already placed.
In the event that a stipulation of the Contract is declared, totally or partially, null, illegal or unenforceable, the User and LABORATOIRES ONAGRINE agree that:
- this declaration shall not affect the validity or enforceability of the other provisions of the Contract, and that
- the invalid provisions shall be replaced by new provisions as close as possible to their original intention and the economic logic behind them.
Unless expressly stipulated otherwise, any notification sent to LABORATOIRES ONAGRINE must be sent by registered letter with delivery receipt to the following address: LABORATOIRES ONAGRINE, 66 avenue des Champs-Élysées, 75008 Paris, France.
For any notification to the User, LABORATOIRES ONAGRINE will send an email to the address communicated at the time of registration. To this end, the User undertakes to update this data as necessary.
The User has easy, direct and permanent access to the legal information on the Website, at the following address: http://www.onagrine.com/fr/mentions-legales
The User may address any complaints and/or questions
- by mail to LABORATOIRES ONAGRINE, at the following address: Service Qualité, 5 rue Louis Blériot, ZI Le Brézet, 63017 Clermont-Ferrand cedex 2; and
- by email to [firstname.lastname@example.org].
- by telephone on +33(0)4 73 83 82 88.
It is reminded, pursuant to Article R.111-1 of the French Consumer Code, that under the terms of Article 2232 of the French Civil Code, ""the postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the date on which the right arose”.
Applicable law and dispute resolution
The Contract is subject to French law.
In the event of a dispute, the parties first and foremost seek an amicable solution to their dispute.