General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

1. PURPOSE

These General Terms and Conditions of Sale (hereinafter "GTC") aim, on the one hand, to inform any potential Buyer about the conditions and modalities under which the seller (hereinafter "OMNISENS" or "the Seller") proceeds to the sale and delivery of the ordered products, and on the other hand, to define the rights and obligations of the Parties in the context of the sale of products to the consumer (hereinafter "the Buyer"). They apply, without restriction or reservation, to all sales of products offered by OMNISENS on its website (hereinafter the Site).

Consequently, the fact that the Buyer orders a product offered for sale on the OMNISENS Site implies full and entire acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing the Order.

The Buyer, prior to placing an order, declares:

- that the purchase of product(s) on the OMNISENS website is not directly related to his/her professional activity and is limited to strictly personal use
- to have full legal capacity, allowing him/her to commit under these general terms and conditions of sale.

OMNISENS reserves the right to modify these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.

2. COMPANY IDENTITY

Name: JOLAUMI MANAGEMENT - OMNISENS
Address: 28 rue Armand Carrel
Postal Code: 93100
City: Montreuil
Phone: 01 48 18 50 10

3. CONTRACT FORMATION AND ORDERS

3.1. PRICES

The selling prices of products online on the OMNISENS Site, indicated in euros, are those in effect at the time the order is placed by the Buyer. The selling prices of products may be modified by OMNISENS at any time. This modification will be notified to the Buyer before any Order. Prices are applicable within the framework of distance selling.

These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the recording of the Order by the Buyer. The various shipping methods are provided for in the GTC and are recalled on the Site. They may be modified at any time by OMNISENS. Therefore, OMNISENS advises every Buyer to regularly consult the GTC appearing on the Site.

Prices include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the products sold by OMNISENS on its website.

3.2. PRODUCT CHARACTERISTICS

The Buyer can select one or more products from the various categories offered on the OMNISENS Site.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an Order, become acquainted, on the OMNISENS Site, with the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. OMNISENS cannot be held responsible in case of non-compliance with the legislation of the country to which the product will be delivered (e.g., in case of prohibition of a product...). It is the Buyer's responsibility to verify with the local authorities of the country of product delivery the possibilities of importation or use of the products and services he/she intends to order.

OMNISENS cannot guarantee that the information on the product packaging is translated into all languages of the European Union. However, this information is available in French and English.

For any questions regarding the products and their use, or for advice, the Buyer can contact the OMNISENS Customer Service team in the "Contact Us" section of the OMNISENS Site. The Buyer can also visit one of the OMNISENS partner physical points of sale to receive personalized advice and test the OMNISENS products offered for sale.

3.3. AVAILABILITY

The offers presented by OMNISENS are valid as long as they are announced on the Site and within the limits of available stocks.

In any case, and in the event of total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible of the unavailability of the product and the cancellation of his/her Order.

In case of Order cancellation:
The Buyer's Order will be automatically canceled, and his/her bank account will not be debited. OMNISENS Customer Service will contact the Buyer to inform him/her of the cancellation of his/her Order and propose to renew his/her Order, except for the unavailable product.

3.4. ORDER

Any Order constitutes acceptance of these General Terms and Conditions of Sale and the "Personal Data & Cookies" provisions, without prejudice to any specific contractual conditions concluded between the Parties.

Before validating his/her Order, the buyer has the opportunity to check the details of his/her Order project and correct any errors.

From the moment the Buyer has ordered by validating his/her bank details, he/she is considered to have accepted knowingly and without reservation these general terms and conditions of sale, the prices, volumes, and quantities of products offered for sale and ordered.

Once this step is validated, the Buyer cannot cancel his/her Order. The sale will be final (subject to the Buyer's exercise of his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Order will be confirmed to the Buyer by email sent to him/her when his/her Order is shipped.

OMNISENS will be entitled to collect the full price corresponding to the Order upon sending the email informing the Buyer of the shipment of his/her Order in accordance with Article 4.1 below.

It is reminded that purchases made on the Site are reserved for a clientele of non-professional individuals for their own use (or for gift purposes within the family circle), which is why OMNISENS only sells its products in quantities corresponding to the average usual needs of a household. In accordance with Article L121-11 of the Consumer Code, OMNISENS reserves the right to refuse or cancel, for legitimate reasons, any Order whose number of products or amount to be paid (for a single or multiple cumulative orders) would not correspond to the average usual use of a household, any Order that would suggest that an economic activity is carried out by the Buyer in connection with the ordered products, or more generally, any abnormal Order within the meaning of the applicable jurisprudence in this matter.

Finally, OMNISENS reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in case of default of payment or partial payment of any sum due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the OMNISENS Site.

4. PAYMENTS

4.1. MEANS OF PAYMENT ON THE SITE

4.1.1 Bank cards

The bank cards accepted on the Site are as follows: Carte Bleue, Visa, and MasterCard.

4.1.2 Paypal

The Buyer can use his/her PayPal account to pay for his/her Orders on the Site.

4.2. PAYMENT TERMS

Any Order implies payment. These Orders are payable in euros, all taxes and mandatory contributions included. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

Penalties equal to the legal interest rate may, at OMNISENS's discretion, be automatically applied to unpaid amounts after a period of ten days following the date of the Order or upon notification of bank payment rejection.

OMNISENS reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in case of default of payment or partial payment of any sum due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the OMNISENS Site, including on previous Orders.

5. DELIVERY TERMS

5.1. GENERAL RULES

The products ordered by the Buyer in accordance with these GTC will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order ("Delivery Address").

OMNISENS uses LA POSTE's Normal Mail service to deliver its customers. Failure to comply with the procedures outlined below will result in no claim by the Buyer being accepted.

5.2. DELIVERY TIME

The delivery times start from the Order Confirmation.

Please note, the deadlines indicated below are subject to the availability of the items. They take into account a preparation time of 1-2 working days for standard home delivery.

*Business days: Monday to Saturday excluding public holidays
**Working days: Monday to Friday excluding public holidays
Standard home delivery in Metropolitan France: 2 to 4 business days

5.3. DELIVERY COSTS

5.4. QUALITY OR CONFORMITY ISSUE

In case of delivery of products showing a potential quality issue, the Buyer must make his/her complaint within 10 days from the receipt of the products.

Complaints must be sent by registered letter with acknowledgment of receipt to the address indicated in paragraph 2 above and must include:
- Buyer's contact details
- Order number
- Product references
- Reasons for the complaint

The return of the products must be made within ten working days. Otherwise, OMNISENS will not proceed with any exchange or refund of the products ordered. Any risk related to the return of products is borne by the Buyer. In case of failure to comply with the procedure outlined above and the indicated deadlines, the Buyer will not be able to make any claim for non-compliance or apparent defects of the delivered products, the products being then deemed compliant with the Buyer's order.

6. RIGHT OF WITHDRAWAL AND WITHDRAWAL PERIOD

In accordance with Law No. 2014-344 of March 17, 2014 relating to consumer protection, the Buyer has a period of 14 clear days from the date of receipt to return, at his/her expense, the ordered products for a refund. The products must be returned to OMNISENS in perfect condition for resale, in their original condition (packaging, accessories, instructions...), duly sealed, unopened, and accompanied by the invoice corresponding to the purchase. Any incomplete, damaged, or opened product, or whose original packaging has been damaged, will not be refunded or exchanged. The exercise of the right of withdrawal will result in the Buyer's choice of a cash refund by crediting the bank card used during the initial order.

7. REFUND CONDITIONS

Any refund to be borne by OMNISENS will be made by crediting the bank card used during the initial order.

8. OWNERSHIP RESERVE

OMNISENS retains full ownership of the products sold until full payment of the full price, including principal, fees, taxes, and mandatory contributions.

9. WARRANTY

No return will be accepted without prior authorization from OMNISENS. If the products are recognized as non-compliant, OMNISENS will authorize their return by parcel. After this period, no return will be accepted. The defective product must be returned in its original packaging, including all accessories. Any incomplete, damaged, and/or opened product, or whose original packaging has been damaged, will not be accepted for return or exchange under warranty. All costs and risks associated with the return of the product are borne by the Buyer. OMNISENS does not guarantee the Buyer, with regard to hidden defects affecting the products, except for the replacement of defective products, without being considered by the Buyer as responsible for any harmful consequences that these hidden defects may have caused.

10. LIABILITY

The products offered by OMNISENS comply with current French legislation. OMNISENS cannot be held liable for the non-performance of the contract in case of force majeure, disruption, or total or partial strike, in particular of postal services and means of transport and/or communication. OMNISENS cannot be held liable for any indirect damages that may arise from the purchase of the products. OMNISENS cannot be held responsible for any loss of data or files. It is the Buyer's responsibility to make all necessary backups. The total or partial impossibility to use the products, notably due to hardware incompatibility, cannot engage the liability of OMNISENS or give rise to any compensation or refund. The OMNISENS site may also contain information from third parties and links to other websites. OMNISENS cannot be held liable in any case for damages resulting from the use, access to, or inability to use this third-party information, nor for the content of other websites.

OMNISENS cannot be held responsible if customs duties must be applied in your delivery country.

11. PARTIAL INVALIDITY

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect.

12. NON-WAIVER

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations set forth in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.

13. APPLICABLE LAW

The sale of products by the company OMNISENS is subject to French law.

These General Terms and Conditions of Sale are supplemented by the legal notices, including among other things information on "Personal Data & Cookies".