GENERAL Terms AND CONDITIONS of Sales
The purpose of the present General Terms of Sale is to govern the terms and conditions and the means used by OHS LAB, registered in Grenoble with the Grenoble Register of Companies under number 482 906 294, with a head office located at 350 chemin du pré neuf, CDV 66402 La Mure, France (hereinafter referred to as the SERVICE PROVIDER) to supply its services to its Clients. The present General Terms of Sale take precedence over commercial information which figures in any other document, other than by express prior special agreement in writing.
Article 1. Subject and acceptance
The present General Terms and Conditions of Sale govern the sales of natural organic and non-organic food supplements and of plant extracts. This service is offered to clients through the website www.organicvie.com.
The Client states that he has received, prior to the access to and the use of the Service, all the information which he needs. The Client may not use the service without having previously familiarized himself with and accepted the present General Terms and Conditions of Sale at the time of registering with the Site. Only the present T&Cs bind the Parties and are enforceable.
Article 2. Modification
OHS LAB reserves the right, at its sole discretion, at any time and without notice, to modify the Website, or the Services, or to modify the present Terms and Conditions, including the financial terms of the Service. In the event of an amendment to these Terms and Conditions, the new version will be published on the website before it comes into effect. If a Client does not accept the new General Terms and Conditions of Sale, he must immediately stop using the Website, and the Services. The present terms and conditions render any prior versions null and void.
Article 3. Communication in writing
By using our Website, you accept that our correspondence will be principally electronic and that this will act as proof between the parties as per article 1316-3 of the Civil Code. We will contact you by email or we will notify you by directly posting information on our Website. For contractual reasons, you accept these electronic means of communication, and you recognize that all the contracts, notifications and information that we send you electronically comply with all legal requirements. This condition does not affect the rights you have as a consumer. It is agreed between the parties that this clause acts as a convention on proof in the sense of article 1316-2 of the Civil Code.
Article 4. Account creation, Confidentiality and Sign-in Codes
In order to place an order on the www.organicvie.com website, you must create an account beforehand by clicking on “Create an account.” Some information is compulsory and is therefore necessary for processing the order of the client, who agrees to fill in the details truthfully. From his account, the Client can manage his personal details, as well as his bank details.
At the time of creating an account, the Client sets a sign-in ID (which corresponds with his email address) and an associated password (hereinafter referred to as the “Sign-in” Codes). Sign-in Codes are personal, confidential, non-assignable and non-transferable. The Client undertakes to keep his Sign-in Codes secret and not to disclose them in any form whatsoever. The Client is fully responsible for any use which is made of his Sign-in Codes, including in the event of loss, access by a third party or disclosure, until he has in effect notified OHS Lab of the loss, the access by a third party or the disclosure of his confidential Codes.
Article 5. Availability of the Website and the Services
The Client can access the Website via the public URL https://organicvie.com/
Access to the sales Service requires the Client to log in to the Website using his Sign-in Codes. The Website and the Service are accessible 24 hours a day, 7 days a week, other than in cases of absolute necessity or in the occurrence of an event outside the control and counter the will of OHS LAB, and subject to any systems failures and maintenance interventions and the updates required in order for the Website and the provision of the Service to work correctly. The Client is perfectly aware that the Website and the Service may be suspended at any time, without prior notice and without any compensation being owed to the Client, in order to carry out these maintenance and update operations. In the event of a dysfunction or a fault hindering the correct working of the Website or the Service provided, OHS LAB will undertake the necessary operations to restore the Website and/or the Service as soon as possible.
Article 6. Orders
All orders must be placed using the https://organicvie.com/ Website. The photographs, films, videos, diagrams or drawings of products are not contractual. We recommend that our clients refer to the description of each product to find out about its specific characteristics.
The Client must choose, at the time of placing an order, the product(s) which best suit his needs. OHS LAB declines all responsibility for Client errors at the time of ordering and undertakes to deliver the product(s) ordered by the Client to the address indicated.
The preparation and delivery of orders will take place from Monday to Friday excluding bank holidays.
6.1. Placing an order
The Client places his order by following the steps below:
Step 1. Create his customer account and/or enter his ID and password;
Step 2. Browse the list of products;
Step 3. Select the desired product(s);
Step 4. Choose the model
Step 5. On the summary page of the order, check the amount and content details of the order;
Step 6. Enter and/or confirm the delivery and billing addresses;
Step 7. Choose his payment method (Credit card or Paypal)
Step 7. Enter his credit card details or his Paypal account;
Step 8. Validate the order
As soon as the Client’s payment has been accepted, the Client will receive a confirmation email of his order which recaps the product(s) selected, the total price, the billing address and the delivery address and date.
7. Price and Payment.
The prices indicated on the https://organicvie.com/ Website are given in euros including taxes and the legal VAT rate in effect, as well as the delivery fees, other than in the event of an obvious error. This price is specified to the Client before the final validation of the order.
Payments by Credit Card or Paypal are accepted.
The order will be deemed to be confirmed at the time of accepting payment. It is agreed that the products remain the property of OHS LAB until full payment has been made.
Prices are subject to change at any time, but any changes will not affect the orders which have already been placed before the date of the said change.
Article 8. Delivery
The products selected by the Client will be delivered to the address which was filled in at the time of order. Standard delivery time is two to four days (2 to 4 days) after the order has been processed.
For all deliveries in mainland France of orders of less than sixty euros (60€), the delivery fees will be charged at 4.90€. Delivery is free for all orders over sixty euros (60€).
For deliveries to Europe, to the French overseas territories and departments and worldwide,
The delivery fees will be calculated by country and geographic zone.
For orders delivered to pick-up points, please see the delivery charges on our website.
Article 9. Statutory Guarantee and Liability
We certify that at the time of delivery, any product bought on our Website is true to the description, of good quality and fit for purpose for all the usual uses of this kind of product. However, OHS LAB will not be liable in the event of inappropriate use or use against medical advice of the products sold on our site.
All the Products are covered by the statutory guarantee of compliance (L211-1 and cont. of the Consumer Code) and by the guarantee against latent defects (article 1641 and cont. of the Civil Code), which allow the Client to return the Products which are delivered with a defect or which do not comply, in accordance with the following articles:
Article L211-4 of the Consumer Code: “The seller must deliver goods which meet the contract and will be responsible for conformity defects which exist at the time of delivery. He is also responsible for lack of conformity defects as a result of the packing, the assembly instructions or the installation when these have been his responsibility by way of the contract and have been carried out under his responsibility.
Article L211-12 of the Consumer Code: “Action resulting from the conformity defect will lapse after a period of two years from the delivery of the goods”.
Article 1641 of the Civil Code: “The vendor is responsible for guaranteeing hidden defects of the item sold which make it unfit for the purpose for which it was destined, or which diminish this usage to such an extent as the buyer would not have purchased it, or would have done so at a lesser price, had he been aware of them”.
In the event of the Client being delivered a product which does not match the order or which presents a latent defect, the Client may return the Product along with the return form to OHS LAB by post, by registered mail to the following address: OHS LAB, 350 chemin du pré neuf, cdv 66402, 38350 La Mure.
It is the Client’s responsibility to arrange the proof of this return. If the defect is confirmed and validated by the quality department, the Client may ask OHS LAB for:
-A full refund for the order.
-A voucher equivalent to the price of the order or the product with the defect.
-A partial refund of the order.
It is agreed that OHS LAB will not be liable in the event where its failure to meet its obligations is due to a third party, even if it is foreseeable, the fault of the Client, or the occurrence of an act of God as defined by French jurisdiction or any other event which was not reasonably under the exclusive control of OHS LAB.
Article 10. Cooling-off period.
As per article L121-21-4 of the Consumer Code, the Client has the right to withdraw his agreement for a period of fourteen (14) days from the actual delivery date of the products.
To exercise the right to withdraw, the Client must notify his wish to do so by filling in the form below before the expiry of the cooling-off period.
For the Attention Of :
350 chemin du pré neuf CDV66402,
38350 La Mure. France
I/ we (*) hereby notify my/ our (*) withdrawl from the contract regarding the sale of the product (*)/ regarding the provision of the services below (*):
– Ordered on (*) / received on (*):
– Name(s) of the customer(s):
– Address of the customer(s)
Signature by customer required only in the case of the present notification in paper format) :
(*) Delete as appropriate.
II. Advice and information
The Client must send back or return the products and the withdrawal form within fourteen (14) days from the date of the notification of withdrawal to the following address: OHS LAB, 350 chemin du pré neuf, cdv 66402, 38350 La Mure.
The delivery fees for the return of goods are at the Client’s expense. We recommend using a delivery service against signature, OHS LAB declines all responsibility in the event of loss in the post.
In the case of latent defects or an error in the order, OHS LAB will reimburse the charges for the return to the Client.
Article 11. Intellectual Property
OHS LAB owns all Intellectual Property rights with regards to the text, graphic, sound, videographic and software elements and elements of any nature which make up the Website, with the exception of information posted by the Clients. The Website constitutes a work for which OHS LAB has sole intellectual property rights. The Client agrees to not infringe on the intellectual property rights of OHS LAB. No function of the site, including print functions, downloading functions or email functions, may be used by the Client with the aim or the effect of infringing on the intellectual property rights in relation to the Website and the elements which it comprises.
Article 12. Acts of God
OHS LAB will not be held liable for the total or partial failure to meet its obligations with regards to an order placed by the Client, if this failure is caused by an event which is considered an Act of God, as defined by substantive law. In this event, OHS LAB will notify the Client of the occurrence of such an event within three (3) clear days of its occurrence, by email. After a period of one (1) month, and in the event where the event which is considered an Act of God persists, the order will be cancelled and will, if necessary, be subject to a refund by OHS LAB to the bank card which was used to place the order within a period of thirty (30) days maximum.
Article 13. Notifications
All notifications and other communication required by the present agreement will be sent in writing by the OHS LAB company via the address firstname.lastname@example.org. We may send you a notification or any other communication either by email or to the postal address given at the time of your registration. A notification will be deemed to have been delivered twenty-four (24) hours after the send date of the email, or at the latest three (3) days after the date of posting a letter. It will be sufficient to prove, in the case of a letter, that this letter was correctly addressed and stamped or, in the case of an email, that this email was sent to the email address of the recipient.
Article 14. Miscellaneous provisions
The fact that the Vendor may not enforce any of the clauses whatsoever contained in the present T&Cs may not be interpreted as a relinquishment of enforcing them subsequently.
In the event where one of the provisions of the present T&Cs should be declared invalid, not applicable or without effect, it will be considered as if it were not written, without that having an effect on the validity of the other provisions or clauses which retain all their force and their scope.
Article 15. Choice of jurisdiction and applicable law.
In the event of difficulties in the application of the present contract, the Client has the opportunity, before any legal action, to seek an amicable solution. If one of the terms of the present General Terms and Conditions of Sale were to be declared invalid, illegal or non-enforceable by court ruling, the other provisions of the General Terms and Conditions of Sale will remain in effect.
The General Terms of Sale are drawn up and interpreted in accordance with French Law. All disputes or claims in relation to the present Terms and Conditions of Sale will be subject to the jurisdiction of the address of the defendant, or, if it is different, of the delivery address and this, as per the regulations which govern distance selling between a consumer and a professional.