General Terms 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 terms under which the seller (hereinafter "OMNISENS" or "the Seller") carries out the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the Parties within the framework of the sale of products to the consumer (hereinafter and hereafter "the Buyer"). They apply, without restriction or reservation, to all sales of products offered by OMNISENS on its Website (hereinafter the Site).

Consequently, by ordering a product offered for sale on the OMNISENS Site, the Buyer fully and unconditionally accepts these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing their Order.

The Buyer, prior to placing their order, declares:

- that the purchase of product(s) on the OMNISENS company website is unrelated to their professional activity and is limited to strictly personal use.
- to have full legal capacity, allowing them 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 the Order is placed.

2. COMPANY IDENTITY

Name: JOLAUMI MANAGEMENT - OMNISENS
Address: 2-4 avenue Pasteur 
Postal Code: 94160
City: SAINT - MANDÉ
Phone: 01 48 18 50 10

3. CONTRACT FORMATION AND ORDERS

3.1. PRICES

The online sale prices of products on the OMNISENS Website, indicated in euros, are those in effect at the time the order is placed by the Buyer. Product sale prices may be modified by OMNISENS at any time. This change will be communicated to the Buyer before any Order. Prices apply within the framework of distance selling.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be indicated before the Order is confirmed by the Buyer. The different shipping methods are provided below in the GTC and are recalled on the Website. They may be modified at any time by OMNISENS. Therefore, OMNISENS advises all Buyers to regularly consult the GTC available on the Website.

Prices include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will be automatically 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 different categories offered on the OMNISENS Website.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer can, prior to placing their Order, review on the OMNISENS Website the essential characteristics of the product(s) they wish to order.

The products comply with the current French legislation. OMNISENS' liability cannot be engaged in case of non-compliance with the legislation of the country where the product will be delivered (e.g., in case of a product ban...). It is the Buyer's responsibility to check with the local authorities of the product delivery country the possibilities of importing or using the products and services they intend to order.

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

For any questions regarding the products and their use, or requests for advice, the Buyer can contact the OMNISENS Customer Service team in the "Contact Us" section of the OMNISENS Website. The Buyer can also visit one of OMNISENS' partners, physical points of sale, to obtain 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 stock.

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 product's unavailability and the cancellation of their Order.

In case of Order cancellation:
The Buyer's Order will be automatically canceled and their bank account will not be debited. OMNISENS Customer Service will contact the Buyer to inform them of the cancellation of their Order and offer to renew their 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" notices, without prejudice to any specific contractual conditions concluded between the Parties.

Before validating their Order, the buyer has the option to check the details of their Order project and correct any possible errors.

From the moment the Buyer has placed an order by validating their bank details, they are considered to have accepted these general terms and conditions of sale knowingly and without reservation, as well as the prices, volumes, and quantities of the products offered for sale and ordered.

Once this step is validated, the buyer can no longer cancel their Order. The sale will be final (subject to the buyer exercising their right of withdrawal under the conditions provided in Article 6 of these General Terms and Conditions of Sale). The Order will be confirmed to the buyer by an email sent at the time of shipment of their Order.

OMNISENS shall be entitled to collect the full price corresponding to the Order as soon as the email informing the buyer of the shipment of their Order is sent in accordance with Article 4.1 below.

It is reminded that purchases made on the Site are reserved for non-professional individual customers for their own use (or as gifts within the family circle), which is why OMNISENS only sells its products in quantities corresponding to the usual average 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 for which the number of products or the amount to be paid (for one or several cumulative orders) does not correspond to the usual average 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 case law in this matter.

Finally, OMNISENS reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount 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. PAYMENT METHODS ON THE SITE

4.1.1 Bank cards

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

4.1.2 Paypal

The Buyer can use their PayPal account to pay for their Orders on the Site.

4.2. PAYMENT TERMS

Any Order implies payment. These Orders are payable in euros, including all taxes and mandatory contributions. Any bank fees 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 Order date or upon notification of bank payment rejection.

OMNISENS reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount 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

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 the Normal Mail service of LA POSTE to deliver to its customers. Failure to comply with the procedures outlined below will result in no claims from the Buyer being accepted.

5.2 DELIVERY TIME

Delivery times start from the Order Confirmation.

Please note, the deadlines indicated below are announced subject to item availability. They include a preparation time of 1-2 business days for standard home delivery.

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

5.3. DELIVERY CHARGES

5.4. QUALITY OR COMPLIANCE ISSUE

In case of delivery of products showing a possible quality issue, the Buyer must file a complaint within 10 days from receipt of the products.

Claims must be sent by registered letter with acknowledgment of receipt to the address indicated in paragraph 2 of these terms, and must include:
- the Buyer’s contact details
- the order number
- the product references
- the reasons for the claim

The return of products must be made within ten working days. Otherwise, OMNISENS will not proceed with any exchange or refund of the products thus ordered. All risks related to the return of products are the responsibility of the Buyer. Failure to comply with the procedure outlined above and the indicated deadlines will prevent the Buyer from making any claim for non-compliance or apparent defect of the delivered products, the products then being deemed compliant with the Buyer’s order.

6. RIGHTS AND WITHDRAWAL PERIODS

In accordance with law no. 2014-344 of March 17, 2014, relating to consumer protection, the Buyer has a period of 14 full days from the date of receipt to return the ordered products at their own expense for a refund. The products must be returned to OMNISENS in perfect resale condition, in their original state (packaging, accessories, manual…), duly sealed, unopened, and accompanied by the invoice corresponding to the purchase. Any incomplete, damaged, or defective product or whose original packaging has been deteriorated will neither be refunded nor exchanged. Exercising the right of withdrawal will result in the buyer’s choice of a cash refund by re-crediting the bank card used during the initial order.

7. GENERAL REFUND CONDITIONS

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

8. RETENTION OF TITLE

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

9. WARRANTY

No returns will be accepted without prior authorization from OMNISENS. If the products are found to be non-compliant, OMNISENS will authorize their return by parcel. After this period, no returns will be accepted. The defective product must be returned in its original packaging, including all its accessories. Any incomplete, damaged, or defective product and/or whose original packaging has been deteriorated will neither be accepted nor exchanged under the warranty. All costs and risks related to the return of the product are the responsibility of the Buyer. OMNISENS only guarantees the Buyer, regarding hidden defects that may affect the products, within the framework of a 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 non-performance of the contract in case of force majeure, disruption, or total or partial strike, notably of postal services and means of transport and/or communications. OMNISENS cannot be held responsible for any indirect damages that may arise from the purchase of the products. OMNISENS shall not be liable for any loss of data or files. It is the Buyer's responsibility to make all necessary backups. The total or partial inability to use the products, notably due to hardware incompatibility, cannot engage OMNISENS's liability nor give rise to any compensation or refund. The OMNISENS website may also contain information from third parties and links to other websites. OMNISENS cannot in any case be held responsible for damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.

OMNISENS cannot be held responsible if customs fees 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 pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect.

12. NO WAIVER

The fact that one party does not invoke 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 in the future as a waiver of the obligation in question.

13. APPLICABLE LAW

Sales of products by OMNISENS are 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".