Terms of Sales
PREAMBLE
These General Conditions of Sale (hereinafter referred to as “CGV”) are concluded on the one hand by the company Onérique SAS, hereinafter referred to as “the Seller”, and on the other hand by any natural or legal person wishing to carry out a purchase via the website onerique.com hereinafter referred to as “the Customer”.
Onérique SAS is a company registered in the Paris Trade and Companies Register (RCS) under number 823 102 793, whose capital is 30,000 EUR and whose head office is located 6 Avenue Franklin D. Roosevelt, 75008 Paris, France .
These General Terms and Conditions constitute the entirety of the contractual documents enforceable between the Parties. These General Terms and Conditions are concluded within the framework of a distance sale, concluded without the simultaneous physical presence of the parties, the latter using exclusively for the conclusion of these presents, one or more remote communication techniques.
The Customer accepts these General Terms and Conditions without reservation when placing an order.
The Seller reserves the right to modify the General Terms and Conditions from time to time. The modifications will be applicable as soon as they are posted online. The version of the General Terms and Conditions enforceable between the parties is permanently available on the Site.
ARTICLE 1. CONDITIONS OF ACCESS
The online sale of items offered on the Site is reserved for Customers who reside in mainland France. By submitting his order, the Customer guarantees and undertakes to:
- be of legal age, not be under guardianship and not to command in the name of another person;
- provide accurate and complete contact details as requested by the Seller for delivery of the items.
ARTICLE 2. CATALOG OR ONLINE SHOP
Through the site, the Seller provides the Customer with a catalog or an online store accurately presenting the products sold, without the photographs having contractual value.
The products are described and presented with the greatest possible accuracy. However, the Seller cannot be held liable in the event of errors or omissions in the presentation.
The products are offered while stocks last.
ARTICLE 3. PRICE
The prices of the products are specified in the catalog or the online store, and are indicated all taxes included, in euros.
The Seller reserves the right to modify its prices at any time by publishing them online. Only the prices in force displayed on the Site at the time of the order will apply, subject to availability of the products on that date.
Prices do not take into account delivery costs, which may be charged additionally. Delivery costs are indicated, if applicable, before validation of the order by the Customer.
The total amount of the order, all taxes and delivery costs included, is indicated before final validation of the order form. The order will only be valid once payment of the entire price has been made.
ARTICLE 4. ONLINE ORDER
The Customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products.
By validating the online form, the Customer accepts without reservation these general conditions of sale.
The Customer must provide a valid email address and delivery address, and acknowledges that any exchange with the Seller may take place using these addresses.
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 until the problem is resolved.
ARTICLE 5. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that placing the order involves payment by the Customer.
5.1 PAYMENT
The Customer makes payment at the time of final validation of the order by specifying his bank card number, or where applicable any other payment method offered by the site.
The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
The Seller has implemented a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal of authorization for payment by credit card from 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.
5.2 CONFIRMATION
Upon receipt of validation of payment by the Customer, the Seller sends to the latter, to the email address he has specified, confirmation of receipt of the order form.
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 contact@onerique.com 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 reimburse the related price, the remainder of the order remaining firm and final. The Customer will be reimbursed as soon as possible and at the latest within thirty days following notification by the Seller, by any means of payment chosen by the Seller.
ARTICLE 6. CUSTOMER SUPPORT
Any questions about a product, the tracking of an order and/or the execution hereof can be made by email to the following address: contact@onerique.com .
Any request must include the references of the product concerned and its transaction reference.
ARTICLE 7. ELECTRONIC SIGNATURE
The online provision of the Customer's bank card number (or, where applicable, the use of any other means of payment made available by the Seller) and the final validation of the order constitute proof
- of the Customer's agreement
- of the due date of the sums due under the order
- of the signature and express acceptance of all operations carried out, including acceptance of these General Terms and Conditions.
ARTICLE 8. PROOF OF TRANSACTION
Communications (notably electronic), orders and payments between the Customer and the Seller may be proven using computerized records, kept 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 9. METHOD OF PAYMENT
All payment methods available to the Customer are listed on the Site when the order is finalized.
ARTICLE 10. 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 an order form, 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, products are shipped within 3 working days.
In the event of non-compliance with this deadline, and beyond a delay exceeding seven days and not due to a case of force majeure, the Customer may obtain cancellation of the sale. The Customer must terminate the contract by registered letter with acknowledgment of receipt, mentioning the expected delivery date and the delay noted at the following address: Onérique SAS, 6 Avenue Franklin D. Roosevelt, 75008 Paris.
The contract is considered terminated upon receipt, by the Seller, of the letter by which the Customer informs it of its decision, if delivery has not taken place between the sending and receipt of this letter. The Customer will be reimbursed as soon as possible and at the latest within thirty days following the date on which this right was exercised, by any means of payment chosen by the Seller.
The Seller uses the services of a third party for the delivery of the products. The Seller declines all responsibility in the event of missed delivery times due to postal services, loss of ordered products attributable to postal services, or postal service strike. It is understood that the risks of transporting the products are borne by the Customer, who, in the event of a dispute, must make a reasoned complaint to the postal services or the carrier concerned.
ARTICLE 11. RECEIPT OF PRODUCTS
If at the time of delivery, the original packaging is damaged, torn or opened, 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.
Verification of the products is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
In the event of a delivery error and/or non-compliance of the products with the indications appearing on the order form, the Customer submits his complaint to the Seller on the same day of delivery or at the latest on the first following working day. the delivery. The complaint must be made by email to contact@onerique.com .
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
If the conditions for returning products are met, the Seller will then proceed with the exchange, or a refund.
The product to be exchanged or refunded must be returned to the Seller to an address in Metropolitan France which will be indicated by the Seller to the Customer when processing their complaint.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original, unopened packaging. The Seller cannot exchange or refund products that have been opened and/or used. Return costs are the responsibility of the Customer.
ARTICLE 12. LEGAL GUARANTEE
The Seller guarantees the conformity of the products to the contract.
In addition, the Seller is bound by the legal guarantee provided by articles L. 211-4 et seq. of the Consumer Code and the guarantee against lack of conformity of the articles and crippling defects provided for by articles 1641 to 1649 of the Code civil. In the event of non-conformity of a product sold, it may be returned to the Seller who will take it back, exchange it or reimburse it.
All complaints, requests for exchange or refund must be made by post to the following address: Onérique SAS, 6 Avenue Franklin D. Roosevelt, 75008 Paris, France.
ARTICLE 13. RIGHT OF WITHDRAWAL
The Customer may exercise his right of withdrawal and return of the product within 14 working days following delivery.
The Customer will assert his right of withdrawal by sending the attached withdrawal form by email to contact@onerique.com or by post to Onérique SAS, 6 avenue Franklin D. Roosevelt, 75008 Paris, France
After having communicated his decision to withdraw, the Customer then has 14 days to return or return the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
The Customer may request an exchange or refund of the returned product, without penalty, with the exception of return costs which remain their responsibility. However, in the event of an exchange, delivery costs may be invoiced to the Customer again.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular with complete packaging, without having been opened and in salable condition.
Certain products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, in particular but not exclusively, the products covered by article L. 121-21-8 of the Consumer Code namely products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The Seller must 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 14. DATA PROTECTION
The Seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter's personal data. The Seller has made a declaration to this effect to the CNIL under number 2116306v0.
The Customer has the right to access, modify and delete the information collected, in particular by contacting Customer service for this purpose by email at contact@onerique.com.
ARTICLE 15. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.
ARTICLE 16. LIABILITY
In the event of non-execution of the sale, the Seller's liability cannot be sought if the non-performance of the contract or its poor execution is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party unrelated to the sale, or finally, in a case of force majeure.
The Customer uses his identifiers and his online space under his sole responsibility. The Customer guarantees the Seller that he alone has access to the data stored in his online space. The Customer has the obligation to preserve the confidentiality of his username and password. The Seller assumes no responsibility for any damage caused by fraudulent use of the Customer's online space.
The Customer undertakes to immediately notify the Seller of any suspicion of unauthorized use of his account. Any lost password is reset by the Seller upon request from the Customer. The Seller reserves the right not to grant abusive requests for password changes made by the Customer.
ARTICLE 17. INTELLECTUAL PROPERTY
As part of the sales service, multimedia content (texts, sounds, images, videograms, etc.) protected by intellectual property rights is made available to the Customer.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code. And this, with the exception of elements expressly designated as royalty-free on the site.
Access to the Site by the Client does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher in accordance with the conditions General Use of the Site.
ARTICLE 18. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts.