GENERAL TERMS OF SALES

ARTICLE 1: SCOPE OF APPLICATION

 

  • 1.1. These general conditions of sale (hereinafter the "GTC") apply between the company Ô My Care (hereinafter "US" or "Ô MY CARE") and any person placing an order through our sales contracts or via the site www.omycare.com (hereinafter “YOU” or “the CUSTOMER”).

  • 1.2. The GTC may be modified, it being specified that the GTC applicable to your order are those published on the site on the day of placing your order. The changes made do not affect the rights you have acquired in accordance with the T & Cs applicable on the day you place your order.

  • 1.3. By checking the box "I accept the Conditions of sale" when confirming your order on the site, by signing the sales contract or by the actual delivery of the products, You acknowledge having read and unreservedly accept the GTC.

 

 

ARTICLE 2: ORDERS

  • 2.1. The CUSTOMER acknowledges having knowledge of the essential characteristics of the goods ordered. The characteristics of the products offered for sale are described with the greatest possible accuracy on the Ô My Care website. The photographs do not enter into the contractual field. The responsibility of the company Ô My Care can not be engaged in the event of errors or omissions in the presentation of the products.

  • 2.2. The information given by the CUSTOMER when placing an order is their sole responsibility. In the event of an error in the wording of the recipient's contact details, Ô My Care cannot be held responsible for the impossibility in which it is to deliver the product. Orders are only final when they have been confirmed by payment of the invoice by the buyer. Sending a confirmation email notifies the customer that their order has been taken into account but does not constitute acceptance of the contractual offer.

  • 2.3. Orders can be made by natural or legal persons. The products sold can be either in standard form or in a customized manner. Depending on the type of order, the following conditions apply:

  • a) Personalized product order (Private Label)

Withdrawal:
Insofar as these products are clearly personalized and made to measure according to the personalized content that You have freely chosen, You do not benefit from the right of withdrawal. Therefore, You cannot modify or cancel Your order once You have paid for it. Any deposit paid will not be refunded.

  • b) Order of products by natural persons (Business to Consumer)

The products purchased on the Ô My Care e-shop whose ingredients on the unit product are not written in the customer's language, will be affixed on the main packaging with the ingredients in the customer's language. These products will be subject to private use and will be prohibited for sale.

Withdrawal:
You have the right to withdraw from your order by giving the reason for this withdrawal within 3 days from the date on which you or a third party designated by you (other than the carrier), have or has physically taken possession of the goods. purchased. The amount paid will be refunded to you 1 month after receipt and acceptance of the reasons for this withdrawal. We may withhold reimbursement until we have received the returned goods. The costs relating to the return of goods are the responsibility of the customer.
Note: The Customer does not benefit from rights of set-off and withdrawal until his claim has been formally declared incontestable and enforceable.

  • c) Ordering of products by legal entities (Business to Business)

Withdrawal:
The customer does not benefit from the rights of set-off and withdrawal until his claim has been formally declared indisputable and enforceable. You have the right to withdraw from your order within 8 days from the date on which you or a third party designated by you (other than the carrier), have or has physically taken possession of the goods purchased.

In order to exercise your right of withdrawal, please submit your explicit request to cancel the sales contract (by e-mail: info@omycare.com).
To meet the withdrawal deadline, all you need to do is send your withdrawal request before the 8-day period expires.
The amount paid will be refunded to you 1 month after receipt and acceptance of the reasons for this withdrawal. We may withhold reimbursement until we have received the returned goods. The costs relating to the return of goods are the responsibility of the customer.

Note: The Customer does not benefit from the rights of set-off and withdrawal until his claim has been formally declared indisputable and enforceable.

ARTICLE 3 - PRICES AND TERMS OF PAYMENT

  • 3.1. The prices are indicated in Euros all taxes included, excluding shipping costs. The products are sold at the price set on the site or in the main contract.

  • 3.2. Payment is made through the Paypal system or by credit card via a secure platform.

  • 3.3. The CUSTOMER expressly acknowledges that the communication of his bank card number to on the payment platform constitutes authorization to debit his account up to the price of the goods ordered. Where applicable, an order cancellation notification for non-payment is sent to the CUSTOMER on the email address provided by the CUSTOMER when registering on the Site. The data recorded and stored constitutes proof of the order and of all past sales. The data recorded by Paypal or another payment platform constitutes proof of any financial transaction between the CUSTOMER and US.

 

  • 3.4. The goods are payable in cash at the time of the actual order.

ARTICLE 4 - DELIVERY

 

  • 4.1. Delivery is made in accordance with the order. Delivery times are indicated as exactly as possible but depend on our supply and transport possibilities.

 

  • 4.2. Any delivery time overruns cannot give rise to any damages, withholdings or cancellation of orders in progress.

 

  • 4.3. The goods travel at your expense and risk. It is therefore up to YOU ​​to check the contents of the package at the time of delivery and to formulate reservations if necessary within 3 days of receipt of the goods. It will then be up to YOU ​​to provide any justification as to the reality of the defects or anomalies observed.

 

 

ARTICLE 5 - RESERVATION OF OWNERSHIP

The delivered goods remain the property of Ô My Care until full payment of their price.

ARTICLE 6: PROTECTION OF PERSONAL DATA

Ô My Care, in its dealings with the CLIENT, respects the law of 8 December 1992 on the protection of privacy with regard to the processing

of personal data.

 

ARTICLE 7: SUBCONTRACTING AND ASSIGNMENT

Ô My Care may subcontract all or part of the execution of the sale to a third party without the prior written consent of the buyer. Ô My Care may transfer all or part of the sale to a third party without the prior written consent of the buyer.

ARTICLE 8. INTELLECTUAL PROPERTY

 

  • 8.1. The CLIENT undertakes to comply with the legislation in force concerning copyright. Ô My Care draws the CLIENT's attention to the fact that trademark infringement is punishable by law. The penalties that can be imposed are restrictions or even imprisonment and / or closures of establishments. Ô My Care cannot be held responsible for the non-compliance with the legislation by the CUSTOMER and reminds him that he may incur civil or criminal proceedings.

 

  • 8.2. The files and images transmitted by the Customer will be deleted after the order has been placed. Documents will be archived at the Customer's request.

 

ARTICLE 9: GENERAL

 

  • 9.1. The abstention of Ô My Care from availing itself, at a given time, of a provision of these T & Cs, cannot be interpreted as a waiver to subsequently assert its rights under it.

 

  • 9.2. The nullity, lapsing or non-enforceability of all or part of one of the preceding or following provisions will not result in the nullity of all of these GTCS. The entirely or partially null, null, void or non-enforceable provision will be deemed unwritten. Ô My Care undertakes to replace this provision with another which will pursue, as far as possible, the same objective.

 

ARTICLE 10: APPLICABLE LAW

These GTCS are governed and interpreted according to Belgian law, independently of its provisions concerning the choice of applicable law. You submit to the exclusive jurisdiction of the courts of Brussels (French-speaking role).

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