General terms and conditions of sale and use of the website naturoleum.com
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The site is published by the seller, OPALINE VENTURES, whose head office is located at the following address: 18 rue de la Vallée - 77590 FONTAINE -LE-PORT - FRANCE, and registered with the RCS MELUN 953 631 264 00017. Individual intra-community identification number of the seller: FR 54953631264. The following provisions are intended to define the general terms and conditions of sale on the Naturoleum site.
These general terms and conditions of sale (hereinafter "GTC") concern the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer.
The T&Cs express the entirety of the parties' obligations. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the sector of distance selling by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are posted online.
ARTICLE 1. CATALOGUE OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this.
The products are offered within the limit of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are invoiced in addition. Delivery costs are indicated before validation of the order by the customer.
The prices respected in account of the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, in particular environmental ones, are subsequently created or modified, whether increasing or decreasing, this change may be reflected in the sale price of the products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the entire price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the possibility to fill out an order form online, using an electronic form. By filling out the electronic form, the customer accepts the price and description of the products.
The customer must accept by clicking on the indicated place, the present general conditions of sale, for his order to be validated.
The customer must provide a valid email address and delivery address and recognized by the present general conditions of sale that any exchange with the seller can take place using this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account and this, until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that placing the order implies payment by the customer.
PAYMENT
The customer makes the payment at the time of final validation of the order by specifying his bank card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the amounts due under the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may contest within 70 days from the date of the transaction by submitting a complaint according to the following terms, so that the seller takes charge of the costs of the sale and returns the disputed amount:
By email to the following address: info@naturoleum.com
Any dispute not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
CONFIRMATION
Upon receipt of the validation of the purchase and payment by the customer, the seller will send the latter, to the email address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is required to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order for this product and refund the related price, the remainder of the order remaining firm and final.
The customer may always exercise his right of withdrawal within 14 days from the moment when the information concerning the unavailability of the product was sent to him.
For any questions relating to the tracking of an order, the customer may contact customer service at the following contact details:
By email at the following address: info@naturoleum.com
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, the due date of the amounts due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller may be proven using computerized records, stored in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. PAYMENT METHOD
All payment methods made available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when placing the order.
ARTICLE 8. DELIVERY
Delivery is only made after confirmation of payment by the seller's banking organization.
The products are delivered to the address indicated by the customer on the online form serving as a purchase order, the customer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Except in cases of force majeure, delivery occurs, according to the method chosen by the customer, within the following time frames:
Delivery made by AMAZON or by the seller within an average of 2 working days - time frame not guaranteed.
DELAY IN DELIVERY AND WITHDRAWAL
In the event of a delay in delivery, the seller will inform the customer, who may cancel the contract and request a refund within 14 days of this cancellation.
A full refund of the product and delivery costs, or reshipping costs if applicable, will then be made.
This cancellation of the contract must be sent in the following manner:
By email to the following address: info@naturoleum.com
Any cancellation not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
CHECKING THE ORDER
If at the time of delivery, the original packaging is damaged, torn, open, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery note.
The customer must, where applicable, inform the seller of his reservations in accordance with the following terms:
By email to the following address: info@naturoleum.com
Any reservation not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the customer.
DELIVERY ERROR
In the event of a delivery error and/or non-conformity of the products with the information on the order form, the customer must file his complaint with the seller on the same day of delivery or at the latest on the first working day following delivery.
The claim may be made in the following manner:
By email to the following address: info@naturoleum.com
Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
RETURN OF ORDER
The product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, in accordance with the following terms:
Product to be returned by mail within 30 days from the delivery date. Contact us at the following email address to obtain the return address: info@naturoleum.com
Any claim or return not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The return costs are the responsibility of the seller.
ARTICLE 9. PRODUCT WARRANTIES
The seller guarantees the conformity of the products to the contract.
The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee of defects of Articles 1641 et seq. of the Civil Code.
GUARANTEE OF CONFORMITY
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he may choose between repair or replacement of the good, under the conditions provided for in Article L. 211-9 of the Consumer Code.
The customer is not required to provide proof of the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of delivery of the product.
DEFECT WARRANTY
The customer, if he implements the defect warranty provided for in articles 1641 et seq. of the Civil Code, may choose between the resolution of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
COMMERCIAL WARRANTY
The seller offers the customer a commercial warranty covering the conformity of the products and ensuring in the event of non-conformity the reimbursement of the purchase price, the replacement or the repair of the product, for the following period: 30 days after the date of delivery of the order.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
This warranty does not exclude the application of the warranties provided for in 9.1 and 9.2.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND
In the event of unavailability of an ordered product, the customer will be informed by email.
The customer will have the option to cancel his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return the product within 14 working days following delivery.
The customer will exercise his right of withdrawal by contacting customer service:
By email to the following address: info@naturoleum.com
After having communicated his decision to withdraw, the customer then has 14 days to return or restore the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the customer.
The customer may request the exchange or refund of the returned product, without penalty, the return costs being borne by the seller.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
Certain products, due to their intrinsic quality, may not be subject to the right of withdrawal and may not be refunded, in particular but not exclusively, the products referred to in Article L. 121-21-8 of the Consumer Code, namely:
any custom-made product;
any product that cannot by nature be reshipped;
any perishable product;
any video product;
any press product...
The seller shall reimburse the customer for all amounts paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of these goods.
ARTICLE 12. FORCE MAJEURE
The parties shall be released from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, prevents their execution. The obligations of the parties shall be suspended.
The party invoking such a circumstance shall notify the other party immediately, upon its occurrence and disappearance.
Are considered as cases of force majeure all irresistible and unforeseeable facts or circumstances, unavoidable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.
If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared null by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively exercise its activity, regardless, in the case of a legal entity, of the location of its head office.
Also, these General Terms and Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will contact the seller as a priority to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the jurisdiction of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seller's head office.
GENERAL CONDITIONS OF USE OF THE NATUROLEUM SITE
ARTICLE 1. LEGAL INFORMATION
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.
The Naturoleum website is published by:
OPALINE VENTURES, whose registered office is located at the following address: 18 rue de la Vallée - 77590 FONTAINE-LE-PORT - FRANCE, and registered with the RCS MELUN 953 631 264 00017. Email address: info@naturoleum.com
The publication director of the website is: OPALINE VENTURES
The Naturoleum website is hosted by:
Infomaniak Network SA, whose registered office is located at the following address:
Rue Eugène-Marziano 25 - 1227 Les Acacias - Switzerland
Website: www.infomaniak.com
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the Naturoleum website is:
Online sale of cosmetics and other natural products.
ARTICLE 3. CONTACT
For any questions or requests for information concerning the site, or any reporting of illegal content or activities, the user can contact the publisher at the following email address: info@naturoleum.com or send a registered letter with acknowledgment of receipt to: OPALINE VENTURES - 18 rue de la Vallée - 77590 FONTAINE-LE-PORT - France.
ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE
Access to and use of the site are subject to acceptance and compliance with these General Terms of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to developments on the site by making new features available or removing or modifying existing features.
The user is therefore advised to refer to the latest version of the T&Cs before browsing, which is accessible at any time on the site. In the event of disagreement with the T&Cs, no use of the site may be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of it in order to carry out updates, modifications to its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the Naturoleum site constitute unreserved acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used.
These T&Cs apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
Delete any information that may disrupt its operation or contravene national or international laws;
Suspend the site in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
REGISTRATION
Access to certain services, and in particular to all paid services, is subject to user registration.
Registration and access to the site's services are reserved exclusively for capable individuals who have completed and validated the registration form available online on the Naturoleum site, as well as these General Terms and Conditions of Use.
When registering, the user agrees to provide accurate, sincere and up-to-date information about themselves and their civil status. The user must also regularly verify their data in order to maintain its accuracy.
The user must therefore imperatively provide a valid e-mail address, to which the site will send them confirmation of their registration for its services. An e-mail address cannot be used multiple times to register for the services.
Any communication made by Naturoleum and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the site's services is permitted per natural person.
The user is assigned an identifier allowing them to access a space whose access is reserved for them (hereinafter "Personal Space"), in addition to entering their password.
The identifier and password can be changed online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.
Naturoleum reserves the right in any event to refuse a request for registration for the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.
UNSUBSCRIBE
A regularly registered user may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE SITE PUBLISHER
The user is informed that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:
If the user makes illegal use of the site;
If the user, when creating their personal space, voluntarily transmits erroneous information to the site;
If the user has not been active on their personal space for at least one year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage for the user whose account has been deleted.
This deletion cannot constitute a waiver of legal proceedings that the publisher could undertake against the user who has contravened these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that it has edited itself.
The publisher is not responsible for:
In the event of technical, computer or compatibility problems or failures of the site with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating there;
Illegal content or activities using its site, without having duly acknowledged it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness, and timeliness of the information disseminated there.
The user is responsible for:
The protection of his equipment and data;
The use he makes of the site or its services;
If he does not respect either the letter or the spirit of these T&Cs.