OLIV&SENS – CGU – CGV – V9 of May 1, 2023
I - General Conditions of Use of the Oliv & sens.com site
Article 1 - Preamble
The site www.olivetsens.com is edited and administered by the company Oliv & sens, whose head office is based at 29 bis rue Nationale - 69330 Jonage.
The use of the site www.olivetsens.com and the purchases of products offered on www.olivetsens.com are subject to these General Conditions of Use of the site www.olivetsens.com
" Terms of Service ".
By using the www.olivetsens.com site, you acknowledge that you have read, understood and unreservedly accepted these General Terms and Conditions of Use. Similarly, by using the site www.olivetsens.com you acknowledge the Privacy Policy of the site www.olivetsens.com (see “Security and Confidentiality”).
We advise you to keep yourself regularly informed of the conditions in force because they can be updated at any time; only those in force at the time of use of the site www.olivetsens.com are binding on you.
The General Conditions of Use, the cookie management policy or the Privacy Policy in force may be:
- consulted by going to the "Legal notices" section of the site www.olivetsens.com,
- downloaded by clicking here for the General Conditions of Use and General Conditions of Sale.
- downloaded by clicking here for the cookie management policy
- downloaded by clicking here for the general data protection policy.
Article 2 - Security and Confidentiality
The Privacy Policy of the www.olivetsens.com site (see "Privacy Policy") governs the use of personal information communicated to Oliv & sens on this site.
Oliv & sens may modify its Privacy Policy at any time, as provided in this document.
The site www.olivetsens.com is not intended for minor children.
Article 3 - Intellectual property
All the elements (drawings, illustrations, images, videos, soundtracks, texts, logos, brands, etc.) making up the site www.olivetsens.com remain the exclusive property of the company Oliv&sens. With the exception of the derogations expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of of the content of the site www.olivetsens.com, or to create derivative works from it.
The "Oliv&sens" brand, the figurative brand representing a drop of oil, the base line "a concentrate of emotions", all other brands and logos linked to Oliv&sens, registered or not, displayed on the site www.olivetsens.com , as well as the domain name "Oliv&sens.com" remain and will remain the exclusive property of the company Oliv&sens. Any reproduction, distribution, transmission, modification or use of these trademarks without the express and prior agreement of the company Oliv&sens, for any reason whatsoever, is prohibited.
You are prohibited from removing any copyright, trademark or other proprietary rights notices from the www.olivetsens.com website or any content therein. You may make a single copy of the Internet pages published on the www.olivetsens.com site for your private, personal and non-commercial use, provided that any copy of these Internet pages retains all the "copyright" notices. ) and exclusive rights contained therein.
Article 4 - Links
The website www.olivetsens.com may contain links to third-party sites not published or controlled by the company Oliv & sens. Such links are provided for convenience only;
they cannot and must not be interpreted as an express or implicit endorsement of these sites, their content or any product or service offered there.
You can only set up a link to the website www.olivetsens.com with the express written consent of the company www.oliv & sens.
Article 5 - Limitation of liability
The company Oliv&sens cannot under any circumstances be held liable to you or to a third party for any indirect, incidental, special or incidental damage – which includes, without being exhaustive, any loss of profit or other indirect loss -, resulting from your use of the site www.olivetsens.com or your inability to use it. This disclaimer applies to the fullest extent permitted by law.
Article 6 - No guarantee
Oliv & sens cannot guarantee and assert:
- that the website www.olivetsens.com is free from viruses, data overwriting programs, Trojan horses or other destruction material,
- that the information contained on the site www.olivetsens.com is exact, complete or up to date.
The site www.olivetsens.com may contain technical inaccuracies or other faults. The company Oliv&sens does not guarantee the correction of these faults. The website www.olivetsens.com and the content of this site are presented “as is” and “according to availability”. The company Oliv&sens expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site www.olivetsens.com or the aptitude of the site for normal use or for a specific use, to its quality or compliance with any legal provisions. This disclaimer applies to the fullest extent permitted by law.
Article 7 - Applicable law - Disputes
These General Conditions of Use are governed and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French.
In the event of a dispute related to the use of the Site, you have the possibility of resorting to a conventional mediation procedure or to any other procedure for alternative dispute resolution.
In the event of a dispute and in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- you can apply either to the court of the place where you are domiciled, or to the French courts,
- the company Oliv & sens may take action in the court of the place where you are domiciled.
Oliv & sens reserves the right to request and obtain injunctions or orders for the defense of its rights under the terms hereof.
II - General Conditions of Sale
Article 1 - Scope, updating and acceptance of the general conditions of sale
1.1. Scope of the general conditions of sale
These general conditions of sale only concern the products of the company Oliv&sens offered and ordered online via the website www.olivetsens.com; to the exclusion of all other conditions, in particular those in force in other distribution networks of the company Oliv&sens.
These general conditions of sale are applicable to all sales concluded in France by the company Oliv&sens (hereinafter referred to as "the Seller") to professional or non-professional end buyers (hereinafter referred to as "the Buyer"). Consequently, the Buyer certifies that he acts as an end consumer and that he does not intend to resell, for remuneration, the products of the company Oliv&sens.
1.2. Update of the general conditions of sale
Oliv&sens may at any time update its general conditions of sale. The enforceable general conditions of sale are those in force on the day the order is placed by the Buyer.
The general conditions of sale in force can be consulted and downloaded in the "General Conditions of Sale" section of the site www.olivetsens.com
1.3. Acceptance of the general conditions of sale
The non-professional Purchaser declares to have the capacity to conclude this contract, that is to say to have the legal majority and not to be under guardianship or guardianship.
The Professional Purchaser declares to have all the authorizations, legal capacity and to be authorized to engage the Company he represents for any order.
These general conditions of sale are expressly approved and accepted by the Buyer who declares and acknowledges having perfect knowledge and understanding of them. Consequently, placing an order implies full and unreserved acceptance by the Buyer of these general conditions of sale in force. Any contrary condition opposed to the Buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller.
When placing an order for products on the www.olivetsens.com website, the Buyer will be asked to confirm their acceptance of these General Terms and Conditions of Sale in force. Said general conditions can be viewed before and at the time the Buyer is asked to confirm his acceptance. To materialize his acceptance, the Buyer must tick the box “I have read and accept the General Conditions of Sale and Use, as well as the Privacy Policy of the site www.olivetsens.com”.
In the absence of specific stipulations and agreed in writing between the parties, all orders are automatically subject to these general conditions of sale in force on the day of the order, which prevail over any other document, such as prospectuses, press, catalogs or e-mailing sent by the Seller, which have only an indicative value.
The fact that the Seller does not take advantage of any of the clauses of these general conditions of sale cannot be interpreted as a waiver to take advantage of any of these conditions at a later date.
Article 2 - Identification of the Seller
These General Terms and Conditions of Sale are those of the company Oliv&sens, a single-member simplified joint-stock company with share capital of €40, whose registered office is located at 000 Bis Rue Nationale – 29 Jonage – France; company registered in the Lyon Trade and Companies Register under number 69330 891 419. Its Siret number is number 483 891 419483 and its intra-community VAT number is FR00013. His telephone numbers are as follows: +83891419483 339 72 54 64
Article 3 - Product presentation
The Oliv&sens company takes the greatest care in communicating information relating to the essential characteristics of its products, in particular, by means of precise descriptions (composition, weight, packaging) and photographs illustrating the said products. In any event, Oliv&sens cannot be held liable for any changes or errors concerning the description of the characteristics of the products purchased, unless the essential characteristics of the products are affected.
The photographs, illustrations and texts appearing on all documents are not contractual.
Oliv&sens draws the Buyer's attention in particular to the storage conditions and compliance with the use-by dates or minimum durability of the products purchased.
Oliv&sens products must be kept under normal storage conditions (premises with suitable temperature and hygrometry). Under these conditions, the Purchaser is required to ensure the proper storage and use of the products, in particular by respecting the applicable legal and regulatory provisions and any prescriptions given by the company Oliv&sens. Oliv&sens cannot be held responsible for defects and deterioration of the products delivered due to unsuitable storage conditions.
Article 4 - Product availability
4.1. Provisions specific to the Pre-Order
The pre-order designates the possibility for the Buyer to reserve certain products indicated on the site www.olivetsens.com before their release date (hereinafter “the Pre-order” or the “Pre-ordered Product”).
4.2. Availability of Products
The products offered for sale on the site www.olivetsens.com are within the limits of available stocks.
Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders for the same product by several customers or several distribution channels.
In the event that one of the products ordered is not available when preparing the Buyer's order, Oliv&sens undertakes to contact the Buyer by e-mail or telephone as soon as possible from of the date of his order in order to indicate to him in what time this product can, if necessary, be delivered to him.
In the event of prolonged unavailability of the product or modification of the composition, an equivalent substitute product will be offered or sent to the Buyer, the latter being free to accept it or not or, failing that, to cancel the order for this product. and request its full refund excluding return costs included where applicable. Otherwise, that is to say in the event of cancellation of the order of the product concerned by the Buyer, the refund of the unavailable product will be made at the latest within ten (10) days following the collection of the sums paid by the Buyer, using the same means of payment as the means of payment used to proceed with the order, unless agreed between the parties for another means of payment. The cancellation of the order of a product and its reimbursement will not affect the rest of the order, which will remain firm and definitive.
The availability of the products being definitively validated at the time of the preparation of the order, the company Oliv&sens incurs no responsibility in the event of out of stock or unavailability of the products for orders not yet accepted by the company Oliv&sens.
Oliv&sens reserves the right to change the products offered on the www.olivetsens.com site at any time and without notice. In order to ensure a better quality of service and product availability for all customers of the www.olivetsens.com site, the company Oliv&sens reserves the right to limit the quantity of products that can be purchased by the Buyer; and this, in accordance with the provisions applicable in the matter and in particular those of Article L121-11 of the Consumer Code.
Article 5 - Order process
5.1. Product selection
After having chosen a product and checked the specificities of the latter with their needs, the Buyer clicks on the icon “Add to basket” in order to validate their choice. At any time the Buyer can complete his order by adding new products according to the same process. He can also delete articles, modify the quantities then when his choice is final, he can then initiate his ordering process.
5.2. Identification
A customer account is required to allow the Buyer to place an order on the site www.olivetsens.com:
- If the Buyer already has a customer account, he must identify himself at this stage by entering his password.
- If the Buyer does not yet have an account, he will be invited to create one by confirming his e-mail address and creating a password later. Once the customer account has been generated,
The Purchaser must complete the following mandatory fields: surname, first name, date and place of birth, full address, landline and / or mobile phone number.
Usernames and passwords are strictly personal to the Purchaser who undertakes to keep them safe and never to communicate them to third parties.
In the event of loss, theft or any fraudulent use of his customer account, the Purchaser undertakes to inform Oliv & sens immediately.
The creation of an account allows the Buyer to:
- track deliveries and consult the history of orders;
- return or exchange products;
- add or modify its delivery and billing addresses;
- manage their subscriptions to the Oliv & sens newsletter.
Unless proven otherwise by the Buyer, the data recorded by the site www.olivetsens.com constitutes proof of the nature, content and date of all transactions between the company Oliv&sens and its customers. In the event of a conflict between the company Oliv&sens and one of its customers on a transaction carried out on the site www.olivetsens.com,
the data recorded by the company Oliv & sens are considered as valid proof of the content of the transaction, unless proven otherwise by the Buyer.
The Buyer may deactivate his customer account by sending an e-mail to Customer Service by clicking on the "Contact us" link. After the deactivation of his account, the Buyer is free to create a new customer account.
5.3. Confirmation of the order
The Buyer has the possibility, before definitively confirming his order, to check the details and the total price thereof, including the delivery costs. The Buyer must then validate his method of delivery as well as his method of payment.
The Buyer is responsible for the information entered when placing the order. In the event of an error in the wording of the recipient (name, address, etc.), the company Oliv&sens cannot be held responsible for delays caused in the delivery of the products.
5.3.1. Confirmation of the delivery method
The Buyer must at this stage validate the chosen delivery method and then complete the delivery information necessary for the proper dispatch of his order: country of dispatch, title, first name, surname, telephone, delivery address.
Once this step is completed, the Buyer will be invited to click on "Continue".
5.3.2. Validation of the means of payment and payment of the order
After having validated the content of his order and accepted all of these General Conditions of Sale and Use and the Privacy Policy of the site www.olivetsens.com by checking the box provided for this purpose, the Buyer will be invited to click on the “Pay” button.
Once the order has been paid in full, the sales contract is deemed concluded. The order is then sent to the company Oliv&sens for processing. The sales contract is only final after express and unreserved acceptance of the order by the company Oliv&sens.
The conditions of the offer relate exclusively to the specified goods. They do not commit the company Oliv&sens for additional supplies. The Buyer may not under any circumstances rely on standards, specifications, prescriptions, regulations and practices that the company Oliv&sens has not expressly accepted.
The Buyer must verify the accuracy of his selection before confirming his order. While every effort is made to ensure that the presentation of the products whose photos are displayed on the www.olivetsens.com site are faithful to the original products, variations may occur, in particular due to technical limitations of color rendering on Buyer's IT equipment. Consequently, the company Oliv&sens cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the products appearing on the site www.olivetsens.com. In case of questions about the products, the Buyer can contact Customer Service.
Orders can be delivered either directly to the Buyer, or through its duly authorized agents, representatives, advisers or shops. They serve as a final commitment for the Buyer, who cannot proceed with their cancellation or modification once the goods are ready for dispatch and only after the agreement of the company Oliv&sens.
Unless otherwise specified, delivery will be made on condition that the sale price has been paid in full beforehand.
Unless otherwise stipulated, the packaging is carried out by the company Oliv & sens, in accordance with its experience and the recommendations of the carriers. Only the packaging produced by the company
Oliv & sens, under these conditions, can engage the responsibility of this one. The packaging is not taken back.
5.3.3. Order confirmation
A summary of the order will then be sent by e-mail to the Buyer. The acknowledgment of receipt will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the products purchased.
Oliv & sens advises the Purchaser to keep this acknowledgment of receipt on paper or electronically.
The invoice as well as the form for the exercise of the Buyer's right of withdrawal will be attached to the package at the time of delivery.
5.3.4. Order restrictions
Oliv&sens reserves the right to refuse any order placed, including by one of its representatives, agents, advisers or intermediaries; and this for a legitimate reason: difficulty of supply, force majeure, problem concerning the understanding of the order received, foreseeable problem concerning the delivery, or even abnormality of the quantities ordered with regard to the current needs of a consumer. In this case, the company Oliv&sens will inform the Buyer by e-mail as soon as possible.
Oliv&sens also reserves the right not to satisfy any request from the Buyer that is excessive or derogatory to common law and its general conditions or in the event of an ongoing dispute with the Buyer.
Likewise, Oliv & sens reserves the right to refuse an order or to require advance payment in the event of an overdue invoice or insolvency.
Article 6 - Price
The prices of the products are indicated in euros and are exclusive of tax for the professional buyer and all taxes included for the consumer buyer; the applicable VAT being that in force at the time of the order. All orders must be paid for immediately upon placing the order. In the event of the unavailability of certain products ordered (see article 4 “Availability of products”), only the price and transport costs relating to the available products will be debited.
The company Oliv&sens reserves the right to modify at any time and without notice the prices of the products offered on the site www.olivetsens.com. The products are invoiced on the basis of the prices displayed on the site www.olivetsens.com at the time of placing the order, subject to the availability of the products ordered.
Apart from the cases of reimbursement made within the framework of the exercise of the right of withdrawal or for lack of conformity and hidden defects, the company Oliv&sens will not reimburse the VAT applied to purchases made on the site www.olivetsens.com (even in the event that the Buyer, after receipt, returns the products to a country outside the European Union).
Any order placed on the site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the products reach the Buyer. Any customs duties and taxes related to the delivery of an item are the responsibility of the customer and are his responsibility. Oliv&sens is not required to check and inform the Buyer of said customs duties and applicable taxes. To find out about them, the Purchaser must inquire beforehand with the competent authorities of his country.
Delivery costs are indicated in addition to the sale price and clearly indicated before the order is confirmed.
Invoices are payable in euros, at the head office of the company Oliv & sens. Payment must be made in France, net and without discount in accordance with the stipulated payment terms.
Invoices bear value from the day of their issue, ie from the date of establishment of the invoice and not from the date of receipt of the goods.
Any deterioration in the Buyer's credit may justify the requirement of guarantees or payment in cash, or by bill payable on demand, before the execution of the orders received.
In the event of non-payment on the due date, even partial, the company Oliv&sens may suspend all deliveries, and avail itself of the immediate payment of all sums owed by the Buyer.
Any formal notice to pay that has remained unsuccessful within 48 hours of the first presentation of the letter of formal notice authorizes the company Oliv&sens, if it sees fit, and without completing any legal formality, to avail itself of the termination. ipso jure of the sale, without prejudice to any other damages that may be due to it.
Article 7 - Accepted Means of Payment
At the time of payment of the order, the Buyer has two payment options: Payment by credit card or by check (only for the Professional Buyer).
7.1. Payment by credit card or bank card
The accepted credit cards and bank cards are: Visa®, MasterCard®. Payments by credit card are authenticated and secured using the 3D Secure system.
During payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction.
The credit cards being debited immediately after validation of the order, this one is the object of an immediate treatment.
7.2. Payment by check
Payment by check is only reserved for Professional Buyers based in mainland France on the condition that it is issued by a banking establishment domiciled in mainland France. The check must be made out to the order of SAS Oliv&sens with the order number indicated on the back. Order preparation only occurs once the check has been cashed by the company Oliv&sens. Oliv&sens does not block the stock of products ordered until payment by check is effective. If the product were no longer available, the company Oliv&sens would offer the Buyer either to replace the product(s) ordered with equivalent products or to reimburse the Buyer for the value of the product(s). ) missing.
Payments by check should be sent to the address indicated in section 17.
Payments by check are at the discretion of Oliv & sens.
7.3. Payment by bank transfer
In the event of a choice of payment by bank transfer, the details of the bank account of the company Oliv & sens are sent to the Customer.
Order preparation only occurs once the check has been cashed by the company Oliv&sens. Oliv&sens does not block the stock of products ordered until payment by check is effective. If the product were no longer available, the company Oliv&sens would offer the Buyer either to replace the product(s) ordered with equivalent products or to reimburse the Buyer for the value of the product(s). ) missing.
7.4. Payment by Paypal
Payments made through Paypal are only accepted for orders placed through the site www.olivetsens.com.
Payment for an exchange order is subject to the conditions of article 12.4.
7.5. Coupons
The reduction codes are applicable only on the value of the products, which must reach at least the value of the purchase voucher and cannot concern the shipping costs. This offer cannot be combined. Discount codes are not retroactive and cannot be applied once the order has been placed. The reduction codes giving the benefit of free products are valid within the limits of available stocks. Discount codes are valid until their expiry date.
7.6. Gift cards
The Oliv & sens gift card is for single use, non-breaking, non-exchangeable and non-refundable. The Oliv & sens gift card is valid for 6 months.
The Oliv&sens gift card cannot be transferred, exchanged for cash, or used to redeem a new gift card. The gift card only allows the consumer Buyer to order products from the site www.olivetsens.com without restriction of article (excluding gift card) within the limit of available stock.
To be able to use the credit note corresponding to your gift card, the Consumer Purchaser must enter the code appearing on his gift card in the appropriate field located in the Basket.
In the event of a possible difference between the amount of the gift card and the price of the order, the latter can be made by any means of payment offered.
Article 8 - Retention of title
The products ordered remain the full and entire property of the company Oliv & sens until full payment has been received.
ARTICLE 9 – DELIVERY
9.1. Place of Delivery - Reception
Delivery is made to the address mentioned by the Buyer on the order form. The company Oliv&sens can in no way be held responsible in the event of delay and/or non-delivery due to a false or erroneous address or to which delivery proves to be impossible.
Oliv&sens products are shipped mainly to mainland France, Belgium, Luxembourg, Germany, Denmark, Sweden, United Kingdom and Switzerland. Oliv&sens thus reserves the right to refuse any order whose delivery address is not located in these countries.
The delivery conditions indicated and applicable are understood by reference to the Incoterms of the International Chamber of Commerce in force.
From the delivery of the goods to the agreed place, the company Oliv&sens declines all responsibility in the event of loss, theft or damage to the products. Unless otherwise agreed, the company Oliv&sens reserves the right to send the products in split shipments.
The Purchaser is required to personally ensure receipt of the products ordered.
Each delivery is deemed to have been made upon physical delivery of the products to the Purchaser, in particular by the carrier, as evidenced by the control system used by the latter.
It is up to the Buyer to check the packaging of the products, their number and their apparent condition on the day of their receipt. This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery slip.
In the event of a dispute, deterioration of the product during transport, damage, missing items or delay, it is up to him to formulate any dispute or reservation on the carrier's delivery note, signed, and to confirm them by registered letter. with acknowledgment of receipt within two (2) days, not including public holidays, following receipt of the products.
Without prejudice to the arrangements to be made with respect to the carrier, complaints on apparent defects or on the non-conformity of the products delivered to the products ordered must be
made in writing by registered letter with acknowledgment of receipt within TWO (2) working days – not including public holidays – of receipt of the products. It is up to the Buyer within this period to make all the necessary findings in the event of breakage, damage or missing items, by expressing his reservations on the delivery slip to the carrier's address with a copy to the Seller.
In the absence of a reservation in the forms and deadlines mentioned above, the products delivered by the company Oliv&sens will be deemed to conform in quality and quantity to the order; no product returns will be accepted.
In the event of absence at the time of delivery, at the address indicated by the Buyer, a transit advice note is deposited in the mailbox: it is then possible to agree on a new delivery date with the carrier within 14 days following the filing of this notice.
If the deadline indicated above is exceeded, the package will be returned to the company Oliv&sens at the Buyer's expense. The service of the company Oliv&sens will then contact the Purchaser for a possible reshipment at the latter's request, with payment of the new shipping costs generated by the fault of the Purchaser. Without a response from the Buyer within a reasonable time, and at the latest within 30 days, a refund will be made, minus the shipping and return costs.
9.2. Processing of deliveries
Delivery will be made by post (Colissimo), Mondial Relay or by an independent company.
Deliveries are only made according to availability, in the order of arrival of the orders and after full payment of the products.
When the Buyer orders several products at the same time and these have different shipping times, the order shipping time is based on the longest time. Participation in processing and shipping costs will only be charged for a single shipment.
9.3. Delivery delay
In general, orders are prepared and shipped within 2 to 7 working days after validation of the order form and full payment of the price.
Except in cases of force majeure, the maximum delivery time is 15 days.
By force majeure we mean, in addition to the events usually retained by case law, any event beyond the express control of the Seller preventing the normal proper execution of orders such as: out of stock of products for any reason whatsoever, lack of raw materials , fires, total or partial strikes, internal or external, blocking customs, requisition, regulatory changes in the country of import or export, etc.
Oliv & sens undertakes to inform the Buyer as soon as possible of the occurrence of any force majeure event.
The delivery times appearing on the order confirmation are given as an indication and may vary depending on the possibilities of supply, transport, change of standards, requisition, etc. and in no way constitute a strict deadline. Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress.
9.4. Shipping cost
The amount of the delivery costs is calculated according to the products ordered, the weight and/or volume as well as the total value of the order as well as the delivery method chosen.
9.4.1. For the Consumer Buyer
Delivery costs are free for the Consumer Purchaser from a minimum purchase of 60 euros including tax per delivery for any shipment in Metropolitan France.
9.4.2. For the Professional Buyer
The delivery costs are free for the Professional Buyer from a minimum order of €350 excluding VAT per delivery for any shipment in Metropolitan France; below, a participation of 30 €HT will be requested.
9.5. Terms of delivery
Delivery can only take place if the Buyer is up to date with his obligations towards the Seller, whatever the cause.
Unless otherwise stipulated, the order is considered final and the delivery time runs after fulfillment of the following conditions:
- All the information necessary for the execution of the order has been provided.
- The price of the order is fully paid.
9.6. Delivery problems
The Buyer is invited to notify Oliv & Sens of any delay in the delivery of carriers. Oliv & sens will open information in order to obtain the location of the products.
If these are found then it will be reshipped as soon as possible to the delivery address initially indicated. Otherwise, and after obtaining a statement of loss declared to the carrier, Oliv&sens will reship the products concerned or, in the event of permanent unavailability, will reimburse the Buyer for the sums collected.
However, if after one month after the indicative delivery date, the product has not been delivered for any reason other than a case of force majeure, the Purchaser may, after prior formal notice remained unsuccessful, take full right to rescind his order, excluding any compensation or damages. The formal notice cannot be sent to the Seller before the expiry of the delivery period indicated on the order form.
Any complaint formulated beyond fifteen (15) calendar days after the date of validation of the order cannot be taken into account.
Article 10 - Right of Withdrawal
10.1. Right and withdrawal period
Regardless of the distribution channel used and pursuant to Articles L221-18 and L221-20 of the Consumer Code, the Consumer Buyer has a period of 14 days from receipt of the products to notify the company Oliv&sens wishes to return them if they are not suitable, then 14 days from this notification to return them, without having to indicate a reason.
10.2. Procedures for exercising the right of withdrawal
To exercise his right of withdrawal, the Purchaser must, within the time limit indicated above, send the standard form for exercising the right of withdrawal to the company Oliv&sens at the address indicated in article 17 hereof.
The standard withdrawal form can be downloaded directly here.
10.3. Restriction of the right of withdrawal
The purchase of goods falling within the scope of the provisions of Article L221-18 of the Consumer Code which provides "The right of withdrawal cannot be exercised for contracts: (…)
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items (…) "
Consequently, the attention of the Purchaser is drawn to the fact that the latter has no right of withdrawal for rapidly perishable products.
Article 11 - Legal guarantees
Independently of the commercial guarantee that may be granted, it is recalled that the company Oliv&sens is bound by the legal guarantees in force; namely the legal guarantee of conformity as well as the legal guarantee against hidden defects.
11.1. Legal guarantee of conformity
The Oliv&sens company will deliver to the Buyer a product that complies with the contract and is free from defects of conformity when the said product is delivered, in the sense that the product will be suitable for the use usually expected of a similar good and that it will present the characteristics presented during the sale. This guarantee will only come into play on the condition that the Buyer requests it within two years from the delivery of the goods. Conformity defects that appear within a period of six (6) months (period legally extended to twenty-four (24) months from March 18, 2016) from delivery are presumed to exist at the time of delivery, unless proven opposite.
The Buyer chooses between the repair and the replacement of the product unless one of these choices entails a manifestly disproportionate cost for the company Oliv&sens. If the repair or replacement of the product is impossible, the Buyer may be reimbursed the price paid and return the product or keep the product and be reimbursed part of the price, unless the lack of conformity is minor. The return, replacement or reimbursement of the product will take place at no cost to the Buyer and does not preclude the possible allocation of damages in the event that you are entitled to them. The legal guarantee of conformity applies independently of the commercial guarantee indicated in Article 12.2 below.
11.2. Legal warranty against hidden defects
The Oliv&sens company will provide the Buyer with a product free of hidden defects which would make it unsuitable for the use for which it was intended, or which would so diminish this use that the Buyer would not have acquired it, or would not have given only a lesser price, if he had known them. This guarantee will only come into play on the condition that the Buyer requests it within two (2) years from the discovery of the defect.
In the event of a hidden defect, the Buyer will have the choice of returning the product and having the price and costs incurred by the sale reimbursed or keeping the product and having part of the price reimbursed. In all cases, it will be up to the Buyer to prove that he fulfills the conditions of the guarantee.
11.3. Methods of implementation
Without prejudice to any reservations made to the carrier, complaints about apparent defects or non-compliance of the products delivered with the products ordered must be made by registered letter with acknowledgment of receipt addressed to Oliv&sens within 2 days of receipt of the products.
Except in the case where the complaint is made within 6 months of the delivery of the product, it is up to the Buyer to provide any justification as to the reality of the defects or anomalies observed. He must give Oliv&sens every opportunity to proceed with the observation of these defects or anomalies.
When the responsibility of the company Oliv&sens is engaged following a fault on its part, the repair only applies to the only direct, personal and certain damages that the Buyer has suffered to the express exclusion of the repair for all damages and/or indirect and immaterial damages, such as financial damages, damage to image, etc. The amount of damages that the company Oliv&sens may have to pay to the Buyer under the aforementioned conditions is in any case limited to the total amount of the order of the products concerned.
11.4. Limitation of liability
Under no circumstances may the company Oliv&sens be held liable for any damage that does not result from a breach by the company Oliv&sens of one of its obligations.
In any case, the company Oliv & sens declines all liability due in particular to:
- Damage resulting from modifications, incorporations or mixtures of the product;
– Damage resulting from a breach of the recommendations for use, conservation of the products mentioned in the description of the product, and/or specific regulations relating to the products sold. This is the case in particular for oils that would lose their initial character of extra virgin or virgin olive oil, during the best-before period due to inappropriate storage and/or conservation conditions; and this both on the part of the non-professional and professional buyer.
Article 12 - Returns and refunds
12.1. Returns
Any product return must be the subject of a prior request by email and obtain the prior agreement of the company Oliv&sens. Any product returned without the written agreement of the company Oliv&sens will be made available to the Buyer and will not give rise to reimbursement or exchange.
The Buyer must return the products, to the same address, within fourteen (14) days of communicating his decision to withdraw.
The costs and risks of returning the products are the responsibility of the Purchaser.
12.2. Exchange - Refund
Any exchange of product must expressly be subject to the prior agreement of the company Oliv&sens. It will give rise to the replacement of the goods, after qualitative and quantitative verification of the returned products.
Oliv&sens undertakes to reimburse the Consumer Buyer within 10 days of receipt of the registered letter with acknowledgment of receipt and the standard form specifying the Consumer Buyer's desire to withdraw. Nevertheless, the company Oliv&sens is entitled to defer this reimbursement until the goods are recovered or until the Buyer has provided proof of their shipment.
Reimbursement is made directly to the Buyer's bank account, using the same methods as those used to pay for the products in question, unless the Buyer expressly agrees to the use of another means of payment.
12.3. Specific products ordered from the Site
For health and safety reasons, only unused products will be taken back, suitable for resale, properly protected, in perfect condition and with the original packaging, unopened, without any trace or mark, with all accessories, documentation and any gifts offered as well as the purchase invoice. These conditions are cumulative.
The cost of returning the products remains the responsibility of the Purchaser.
12.4. Exchange - Refund for orders paid with Paypal
When requesting an exchange of an order paid with PayPal, bank or credit card details will be required if the amount of the new order is greater than the amount of the initial order. Any additional amount due in relation to the amount of the initial order can only be paid by bank or credit card. Oliv&sens is unable to accept payment by PayPal for the additional amount due for an exchange order. If the amount of the new order is equal to the amount of the initial order, the Buyer will not need to provide his bank or credit card information and no new payment will be necessary.
If the Buyer requests a refund of an order paid by Paypal, his PayPal account will be credited with the amount of the initial order.
Article 13 - Counterfeiting & Confidentiality
13.1. Counterfeiting
In accordance with the laws in force, it is forbidden for the Buyer, under penalty of legal proceedings, to reproduce in whole or in part the products that he will have purchased or that he will have seen. He is also prohibited from transmitting to third parties information allowing the total or partial reproduction of these products, in which case he would be guilty of complicity and the offense of counterfeiting.
13.2. Confidentiality
The entire content of the site www.olivetsens.com or any advertising documentation of any kind (illustrations, texts, labels, brands, images, videos) is the exclusive property of the company Oliv&sens or is used with the authorization of the holders. of the rights in question.
The images, offers and documents ((illustrations, texts, labels, brands, images, videos, etc.) given to the Buyer remain the exclusive property of the Seller or are used with the authorization of the holders of the rights in question and are therefore confidential. Unless expressly authorized, the Buyer may not use them outside the contract, nor communicate them knowingly or not to third parties and undertakes to take all necessary measures for this purpose.The Buyer undertakes to respect the property rights and the brand deposits of the goods supplied by the Seller in France and abroad.
Article 14 - Confidentiality policy and management of personal data
In France, personal data is notably protected by law n°78-87 of January 6, 1978 amended in 2004 then 2018 as well as by the European Regulation (known as GDPR) relating to the protection of individuals with regard to the processing of personal data. personal data and the free movement of such data dated April 27, 2016 in force since May 25, 2018.
In accordance with the law "Informatique et Liberté" No. 78-17 of January 6, 1978, the personal data collected from Customers are subject to automated processing, within the framework of a file - under the responsibility of the company. Olive&sens.
The Buyer is required to knowingly communicate personal information to the company Oliv&sens by subscribing to the newsletter, by downloading certain documents or by completing online purchase forms. The data collected (surname, first name, address including electronic, date of birth) are provided by him and after having specified the mandatory nature or not of the information that he would have to enter.
Oliv&sens collects, records, uses and transmits Customers' personal data - only after their consent - in the context of the processing and execution of orders placed, Customer relations, Customer advice and services as well as for the preservation of commercial interests of the company Oliv&sens, in particular for the purposes of preserving evidence.
The purpose of processing the Buyer's personal data is to process orders, subscribe to the newsletter and more generally manage customer relations (for example, use of data by our advisers, by the recruitment department or respond to contacts and various questions). The Buyer's personal data is intended for the company Oliv&sens as well as the service providers and partners in charge of their processing and analysis for the purposes of specific studies on the sole account of the company Oliv&sens as well as for the delivery of the products. Unless he objects, the Purchaser may subsequently receive commercial information from the company Oliv&sens.
Any user has a right of access, rectification, opposition, limitation of processing, erasure and portability of personal data concerning him. He can exercise his rights by making his written and signed request, specifying the address to which the answer must be sent or by email to the following address: rgpd@olivetsens.com.
No personal information of the user of the site www.olivetsens.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the takeover of the company Oliv&sens and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify the data vis-à-vis the user of the website www.olivetsens.com.
The Buyer may in any case oppose the use of his personal data. The use of personal information for other purposes will only be possible when the Buyer has given his consent.
You can download our full privacy policy by clicking here
Article 15 - Applicable law - Disputes
All the clauses appearing in these general conditions of sale, as well as all the operations referred to therein, will be subject to French law. The language hereof and of relations between the parties is French.
Any dispute arising from the interpretation or execution of this contract will be the subject of consultation between the two parties with a view to an amicable settlement. In the event of a dispute, the Buyer must first contact the company Oliv&sens in order to find an amicable solution.
The non-professional Buyer is informed of the possibility, in the event of a dispute and non-conciliation with the company Oliv&sens within 15 working days, of resorting to a conventional mediation procedure or any other alternative method of dispute resolution. . The mediation entity chosen by Oliv&ens is: CNPM-Consumer Mediation.
Thus, in the event of a dispute, the non-professional buyer may file a complaint either on the site https://cnpm-mediation-consomation.eu or by post by writing to: CNPM-Médiation-Consommation – 27 Avenue de la libération – 42000 Saint Chamond.
Article 16 - Telephone prospecting
Pursuant to Article L 2231-1 of the Consumer Code, the Buyer is reminded that if, outside of the relationship with the company Oliv&sens, the latter does not wish to be the subject of commercial prospecting phone, the latter can register free of charge on a list of opposition to cold calling or tick the corresponding box in his user account.
Article 17 - Contact
For any question or complaint relating to the products, their order, their personal data, the right of withdrawal or the application of the product warranty, the Buyer may contact Oliv&sens at the following coordinates:
• By mail: Oliv & sens - 29 bis rue Nationale - 69330 Jonage
• By email: contact@olivetsens.com
• By phone: +339 72 54 64 30
