General terms and conditions
The present conditions are concluded between the company OCEALIA under the number 510 742 406 at the address 608 route de Robion in CAVAILLON (84300), owner of the online shop www.joint-torique.com on the one hand and, On the other hand, people wishing to make a purchase via the online shop.
These conditions apply exclusively to non-traders.
These general conditions of sale are intended to govern all the contractual relations between OCEALIA and customers wishing to use the internet service www.joint-torique.comin order to make purchases there.
The customer and OCEALIA adhere to it without reservation and the fact of placing an order on the online shop www.joint-torique.comwill be worth for the customer, manifestation of this membership.
Article 1 - Scope and amendment of the general conditions of sale
These general conditions of sale apply to all orders placed on the online shop www.joint-torique.com, OCEALIA reserves the possibility to adapt or modify at any time the present general conditions of sale. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Article 2 - Data sheet
The information given on each product sheet but also the photos, videos or animations are given for information only. In the event of errors on these product sheets, OCEALIA cannot be held liable. OCEALIA undertakes to do its best to correct any errors or omissions reported to it as soon as possible.
Article 3 - Price
The price of each product is indicated in euros all taxes included (TTC), excluding eco-participation and excluding contribution to the costs of preparation and shipping. OCEALIA reserves the right to modify its prices at any time, however, the products will be invoiced on the basis of the tariffs in force at the time of the confirmation of the order.
Article 3-1 - Sales, promotions and promotional codes
The promotions and balances offered by OCEALIA are valid only on the articles reported and during the legal period in force.
In order to take advantage of the reduction linked to a promotional code, the customer must enter the code he / she owns in the box reserved for this purpose at the time of placing the order. Failing this, OCEALIA will not be able to cancel the order or to renew it in order to take account of a promotion that the beneficiary customer has omitted to indicate.
OCEALIA makes every effort to ensure that the products offered during promotions or commercial operations are available in sufficient quantities. If this is not the case and if OCEALIA is to be temporarily or permanently out of stock, OCEALIA undertakes to propose, to the extent possible, a replacement product or to reimburse these unavailable products.
Article 4 - Order
OCEALIA will do its utmost to process all orders, however, OCEALIA reserves the right to refuse the order of a customer with whom there is a dispute.
In terms of taxes, the applicable provisions will be those provided for in the General Tax Code, in particular with respect to value added tax (VAT).
Orders made on the online shop www.joint-torique.comare deemed to have been formed at the initiative of the customer. In the case of an order to a country other than Metropolitan France, the customer is deemed to be the importer of the product (s), customs duties or other local taxes as well as import duties or state taxes which are likely to are not within the purview of OCEALIA. These rights and sums are at the expense of the customer and are solely responsible for both the declaration and the payment to the competent authorities and / or bodies in his country.
Article 4-1 - Order process
After selecting his products and registering or identified, the customer can himself register his order on the online shop www.joint-torique.comand by clicking on the button "Add to cart", the customer confirms the addition of the product to his order. The customer can, by clicking on "My basket", manage his order by adding or decreasing one or more quantities of products or removing products from the basket. When placing the order, by checking the box "I accept the general conditions of sale" in the order summary, the customer declares that he has taken cognizance and fully and unreservedly accepted all of the above. The customer will not be able to access the payment before ticking the box "I accept the general conditions of sale" and will therefore not be able to finish his order without having checked it beforehand and manually.
Article 5 - Availability of products
Products and prices visible on the shop www.joint-torique.comare valid as long as they are visible on the online shop but are given for information only and cannot therefore be opposed to OCEALIA.
OCEALIA brings a care all Particular to the supply of its stocks, however, an article may become unavailable between order taking and delivery. In case of unavailability, OCEALIA commits within 30 days from the validation of the order either to deliver to the customer the product ordered, to offer a similar product to a similar price, or to refund it under the conditions provided herein.
Article 6 – Delivery
The products are shipped from Monday to Friday inclusive, excluding weekends and holidays, to the delivery address that the customer will have mentioned when passing his order. OCEALIA carries out its delivery throughout Metropolitan France (including Monaco and Corsica) as well as in the Overseas Territories and Overseas Territories. OCEALIA also makes deliveries abroad.
Article 6-1 – Carrier
Whether it is for France or abroad, the delivery is carried out by La Poste with exceptions. Several modes of delivery are proposed, namely:
For France: The Followed Letter or the Colissimo.
For the Dom-Tom: The Colissimo Overseas.
For foreign countries: the international Colissimo with signature rebate or the priority international package with follow-up.
The customer will have the choice between one or more delivery modes. Methods of delivery will be proposed according to the weight of the package, the value of the goods or the destination.
Article 6-2 - Delivery and management costs
The cost of the different delivery modes will be calculated at the time of validation of the order according to the weight of the package, the value of the goods and the destination. The customer may also refer to the price schedule in the "Delivery" section to estimate his shipping costs.
Article 6-3 - Delivery times
The order dispatch time is 48 hours. The delivery will take place within 3 to 10 days depending on the carrier's deadline. Advertised lead times are calculated in working days. The deadlines indicated are average delays and correspond to the processing, preparation and dispatch times of your order (exit warehouses). Within this period, the carrier's delivery time must be added, which is given as an indication. These delays are only valid for a delivery in Metropolitan France, in the case of a delivery outside Metropolitan France, the delays can be extended according to the delivery time of the carrier of the country of destination.
Article 6-4 - Transfer of risks and Of the property
The risk transfer takes place on delivery of the order, however, the products remain the property of OCEALIA until full payment of the price and miscellaneous expenses associated with the processing of the order.
It is the customer’s responsibility to verify the products at the arrival of the parcel and to make all the reservations and claims which appear justified or even to refuse the parcel (s) if they were likely to have been opened or if they showed signs of deterioration. Reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within three days (3 days) following the delivery of the products.
The company OCEALIA can in no case be held liable for damage during transport, but may intervene with the carrier to resolve the situation. Once the solution has been settled with the carrier, it will be up to OCEALIA and its customer to find an amicable solution together.
Article 6-5 - Lost parcel
After dispatching its order, if the customer does not have a receipt of his parcel after ten working days, he must contact OCEALIA who will initiate an inquiry with the carrier. In the event that the package is definitively declared lost by the carrier, OCEALIA will notify the customer and immediately undertakes to re-deliver the order (subject to availability). In case of unavailability, the customer can request the refund of his order.
Article 6-6 - Failure of conformity
In case the products delivered would not conform in kind or in quality (broken product, deteriorated, missing, etc…) as to the specifications indicated on the invoice, the client must, under penalty of forfeiture, file his complaint within fourteen days (14 days) after delivery.
Following this complaint, OCEALIA will send a transport voucher in colissimo followed with delivery against signature to the customer. If the products do not conform to the information given during the presentation of the products, these will be replaced according to the availability of identical or similar products and the will of the customer . The delivery of new products will take place within thirty days (30 days) from receipt by OCEALIA of products that do not comply or have latent defects. The new delivery costs will be borne by OCEALIA.
In case the item(s) is unavailable, OCEALIA undertakes to reimburse its customer in accordance with the provisions of Articles 5 and 10 of this Agreement.
Article 7 – Payment
The currency of Payment on the online shop www.joint-torique.comis the Euro (€) exclusively. The full payment is due on order. Payment can be made by credit card (Secure payment systempay), check or bank transfer.
Article 7-1 - Payment by Credit Card
Card payment (Carte Bleue, Visa, Eurocard and Mastercard) is made via the Secure payment service systempay. In case of payment by Credit Card, the customer is debited immediately after the order. The customer must guarantee that he is fully authorized to use the credit card and that this credit card gives access to sufficient funds to cover all costs related to the order.
Thanks to the systempay payment system, the online shop www .joint-torique.comhas a high-performance payment security system that guarantees the protection of the customer's data. The company OCEALIA does not keep any banking information, does not have access to this information and none of them pass through the shop since the payment is not made directly on the servers of the online shop www.joint -torique.com, but via the secure payment system systempay.
Article 7-2 - Payment by check or Bank transfer
In the case of a payment by check or bank transfer, the delivery time starts to run only counting of the effective date of receipt of the payment by the company OCEALIA.
Article 7-3 - Provisions for the fight against credit card fraud
In order to combat credit card fraud, OCEALIA reserves the right to verify personal data Communicated by the client and to adopt all the measures deemed necessary to verify whether the person whose bank account is debited is the person who placed the order in order to avoid any fraudulent payment. Verification may take the form of a request for proof of identity and / or domicile and / or bank documents such as a bank or canceled check. Failure by the customer to respond to such a request within five working days following the request made by OCEALIA will systematically cancel the order concerned without notice and without possibility of subsequent complaint.
OCEALIA reserves moreover, the right to directly cancel an order which would present a risk of fraudulent use of a bank card.
Article 8 – Billing
OCEALIA establishes invoices based on deliveries made. Customers can download an electronic version of their invoice in PDF format (Adobe Acrobat) in the "My Account" section of the online store www.joint-torique.com.
In case the customer disputes the invoice, whether before or after delivery of the corresponding order, OCEALIA reserves the right to suspend the customer account until the disputed situation is regularized and to suspend the preparation of any orders in progress even if these have not been contested.
Article 9 – Guarantee
OCEALIA guarantees that the products it markets are in working order and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use.
Warranty is excluded in the event of defects and damage arising from external events, negligence, improper maintenance, accidents, wear and tear or other non-conforming use.
All warranties are excluded in the event of defects and damage arising from external events, negligence, improper maintenance, accidents, wear and tear or other improper use. The warranty is also excluded for products that have been damaged during transport.
In order to benefit from this guarantee, the customer must notify OCEALIA in writing immediately of the alleged problems.
The warranty provided by OCEALIA is limited to repair or exchange defective products or parts and the cost of returning to the customer of the said goods. This warranty excludes any other costs or indemnities of any kind whatsoever, in fact, OCEALIA will not be liable for any compensation for non-material damage such as loss of production, exploitation, loss of chance, loss of data, financial or commercial loss or any other losses which would be the direct or indirect consequence of the damages suffered as a result of the use or the failure of the products delivered.
Article 10 - Right of withdrawal, return, cancellation and reimbursement
According to the provisions of the " Article L-121-21 of the Consumer Code:
"The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-site Have to justify its decision or to bear costs other than those provided for in Articles L. 121-21-3 to L. 121-21-5. Any clause by which the consumer abandons his right of withdrawal is void. "
Before returning the product, the customer must inform OCEALIA by any means (telephone, e-mail, contact form) or through his customer account on the online shop www.joint-torique.com.
The product must be returned in perfect condition, in its original packaging and undamaged. Failing this, the customer will lose his right of withdrawal and the product will be returned to the customer at his expense.
Regarding the return costs for retraction, these remain the responsibility of the customer. In order to ensure the follow-up of your parcel, the return will have to be carried out in colissimo with resignation against signature.
In the case of a refund, it will intervene within a maximum delay of 14 days after receipt of the last product return. If the customer refers the whole of his order, the refund will include all the sums paid with the exception of the shipping costs, whether they have been paid by the customer or offered by OCEALIA with regard to the total amount of the order.
In case of order of several products, the withdrawal period will take effect on receipt of the last product.
In the case of a customer who has paid for his order by one or more assets or one or more purchase orders, the reimbursement will be made in the form of assets or vouchers take effect on receipt of the last product.
Article 11– title retention clause
The goods delivered and invoiced to the customer remain the property of the company OCEALIA until full payment of their price, in application of Law no. 80 - 335 of 12 May 1980 and of Articles 115 (2) and 122 of Law No 85 - 98 of 25 January 1985. The sales are therefore subject to retention of title and the transfer of ownership takes place only after full payment of the price.
This clause of retention of title does not preclude delivery of the products to the transfer of risks to the customer, in accordance with "article 6 - Delivery" of the present, the customer undertakes to pay attention and care for the safekeeping and preservation of the products and to subscribe to any useful insurance.
Article 12 – Proof
There is only the data recorded by OCEALIA and the carriers to which OCEALIA entrusts the products in order to deliver them to his client who can to constitute proof of all transactions between OCEALIA and its customers.
Article 13 - Limitation of liability
OCEALIA is only subject to the obligation of means.
The texts and photographs reproduced and illustrating the products presented by OCEALIA in its online shop and its commercial proposals are not contractual. The responsibility of the company OCEALIA could not therefore be engaged in case of error in one of these photographs or one of these texts. OCEALIA cannot be held liable for simple errors or omissions which could have survived despite all the precautions taken in the presentation of the products.
OCEALIA cannot be held liable for damages of any kind, both material and non-material or bodily injury, which may result from a malfunction or misuse of the products sold. OCEALIA cannot be held liable to any customer or third party for any direct or indirect damage, loss of business, profit or turnover in any way whatsoever, even if such damage or loss of prejudice was foreseeable by OCEALIA, or if its eventuality had been brought to its attention.
OCEALIA’s responsibilityunder these general terms and conditions cannot exceed an amount equal to the sums paid or payable at the time of the order at the origin of this responsibility, whatever the cause or the form of the action concerned.
The company OCEALIA could not be held liable for non-performance of the contract concluded in the event of stock-out or unavailability of one or more products, force majeure, disruption or total or partial strike, in particular in goods transport services, fire or flood.
Article 14 - Severability of clauses
In the event that one or more terms of these general conditions of sale are deemed illegal or unenforceable by the other provisions hereof could not be called into question and would remain in force. Consequently, nullity, lapse, lack of binding force or non-enforceability of any of the provisions stipulated herein shall not constitute nullity, lapsity, lack of binding force or unenforceability of other stipulations which retain all their effects. However, the parties may, by mutual agreement, agree to replace the stipulation (s) which may be invalidated. In any case, no derogations from these general conditions of sale can be accepted without the prior agreement and express of the company OCEALIA.
Article 15 - Headings of the articles of the present general conditions of sale
The headings of the articles presented in these general conditions of Sales only exist for reasons of reference and ease. These conditions cannot be used to interpret, limit or modify the present general conditions of sale.
Article 16 - Attribution of competences
The present general conditions of sale are written in French language, they will be executed and interpreted according to French law.
In the event of a dispute, the customer must first contact OCEALIA directly (e-mail, telephone, mail ...) in order to obtain an amicable solution. Otherwise, the Courts of AVIGNON (84000) will be the only ones, whatever the place of delivery and the payment methods accepted.
Article 17 - Data Protection Act / Personal Data
The client benefits of course of a right of inspection and of modifications on the information communicated in the framework of the use of the site www.joint-torique.com. The law of January 6, 1978 relating to data processing and freedoms gives the client a right of access, modification and opposition on the personal data that the client communicates to the company OCEALIA in order to treat his command. Any modification can be made by the customer himself from the "My account" section on the online shop www.joint-torique.com.
In case the customer has difficulty to make these modifications, it can address a request for modification or correction by e-mail or through the contact form on www.joint-torique.com.
Article 18 - Copyright and intellectual property
All graphic elements, photographs, texts and other information present on The site www.joint-torique.com.are the exclusive property of OCEALIA. Consequently, any reproduction, modification, distribution of these elements is prohibited without the express authorization of the company OCEALIA.