ARTICLE 1: DEFINITIONS
LABORATOIRE OZALYS : this term INDICATES the company Laboratoire Ozalys with a capital of €1,444,000, with a registered office at 102 avenue des Champs Elysées - 75008 Paris, Intra-Community VAT No.: FR78514836931, registered with the Trade and Companies Register of Paris under number 514 836 931 Telephone no.: +33 (0) 2 32 09 42 44 Siret: 514 836 931 00014
PRODUCT(S) : this term indicates the cosmetic products marketed by LABORATOIRE OZALYS and offered for sale on the WEBSITE.
PURCHASER : this term designates the other party, a natural person and not a professional, who has ordered one or more PRODUCT(S) on the Website.
WEBSITE : this term refers to the LABORATOIRE OZALYS Website: ozalys.com on which the PRODUCTS are presented and sold to the PURCHASER. It is hosted by the company Arcange with their Registered Office located at 1 rue de quebec, 76000 ROUEN and registered with the Trade and Companies Register of Rouen under the number 828 548 487.
ORDER : this term designates the sales contract concluded between LABORATOIRE OZALYS and the PURCHASER. Any order made entails the obligation to purchase.
Party(s): this term refers jointly or separately to the PURCHASER and /or LABORATOIRE OZALYS.
ARTICLE 2: PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions by which LABORATOIRE OZALYS offers, via its WEBSITE, the sale of PRODUCTS to PURCHASERS.
Consequently, any ORDER for one or more PRODUCTS made by the PURCHASER implies their unreserved acceptance and prior, full and complete adherence to these General Terms and Conditions of Sale which prevail over any other document, exceptin the case of special terms and conditions expressly granted in writing by LABORATOIRE OZALYS.
The PURCHASER acknowledges having read the General Terms and Conditions of Sale prior to their ORDER.
These General Terms and Conditions of Sale apply only to the online sale of the PRODUCTS.
LABORATOIRE OZALYS reserves the right to modify these General Terms and Conditions of Sale at any time.
Nevertheless, the General Terms and Conditions of Sale applicable to an ORDER for PRODUCTS placed by a PURCHASER on the WEBSITE are those accepted by the PURCHASER at the time of placing the ORDER.
These General Terms and Conditions of Sale supplement the General Terms and Conditions of Use of the WEBSITE available at any time in the section "General Terms and Conditions of Use" of the WEBSITE and applicable to the PURCHASER.
ARTICLE 3: SPECIFIC PROVISIONS FOR THE SALE OF PRODUCTS ON THE WEBSITE
Article 3.1: Specific nature of our products
Ozalys products are the result of three years of research and innovation that meet the specific needs of women in their fight against disease (olfactory ultra-sensitivity, ultra-sensitivity of senses, skin dryness, painful scars, etc.) with the quality requirement of luxury products, and the most selective raw materials on the market.
Given their specific nature, customer can access an advice service to guide and advise them by phone on + 33 (0) 2 32 09 42 44, Monday to Friday from 9 a.m. to 6 p.m., excluding public holidays
Outside of these hours or in case of high demand, an answering machine is at your disposal 24 hours a day, with a message in French and English.
- E-Mail: LABORATOIRE OZALYS- 102 avenue des Champs Elysées- 75008 Paris
In addition, our consulting service will respond to any requests or queries by e-mail at the following address : [email protected]
Article 3.2: Availability of PRODUCTS
In accordance with Article L. 111-1 of the French Consumer Code, the PURCHASER may be informed, directly on the WEBSITE, of the essential characteristics of the PRODUCT(s) they wish to order prior to their ORDER. In addition, in the event that the PURCHASER wishes to obtain qualified advice on the PRODUCTS, the Customer Services Department is at their disposal.
To contact the Customer Services Department click here
In the event of PRODUCTS becoming unavailable after an ORDER is placed, the PURCHASER will be informed as soon as possible. They will then be offered, as they wish, the opportunity to modify their ORDER or cancel it and thus obtain a refund within 14 days of their request.
The samples offered are non-contractual and subject to availability.
The kits offered are non-contractual and subject to availability.
Article 3.3: Ordering PRODUCTS
To purchase the PRODUCTS, the PURCHASER must log in to the WEBSITE and enter their e‑mail address and password or create an account where they will have to enter their title, last name, first name, e-mail address and password.
An online ORDER for PRODUCTS will result in:
- initially: LABORATOIRE OZALYS sending a confirmation and an ORDER summary via e-mail,
- in a second step: LABORATOIRE OZALYS sending a confirmation of shipment of the ORDER via e-mail,
- in a third step: delivery by the LABORATOIRE OZALYS of the PRODUCTS, by post, to the address indicated by the PURCHASER when placing their ORDER for the PRODUCTS.
Article 3.4: Guarantee
Our products meet the requirements of European CE regulation no. 1223/2009 relating to cosmetic products.
Our products are guaranteed for 6 months or 12 months (depending on the product in question) after opening, during which time the product is "safe" and can be used without causing any harm to the PURCHASER.
The PRODUCTS of the LABORATOIRE OZALYS presented on the Website and delivered to the PURCHASER benefit by right and without additional payment, in accordance with the legal provisions, to:
- legal guarantee of conformity, for defective, damaged or deteriorated PRODUCTS or those not corresponding to the ORDER;
- legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unsuitable for use;
under the conditions and in accordance with the procedures referred to in Articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code as well as articles 1641 and 1648 of the French Civil Code.
It should be noted that as part of the legal guarantee of conformity, the PURCHASER has a period of 2 years from the delivery of the goods to take action against LABORATOIRE OZALYS; the PURCHASER can choose between receiving a refund of the price of the PRODUCT within a maximum period of 14 days following the PURCHASER's request, or exchange of the PRODUCT for an identical PRODUCT or one of equivalent quality and price, depending on the availability of stock. They must provide proof of non-conformity.
It should be noted that as part of the legal guarantee against hidden defects of Article 1641 of the French Civil Code, the PURCHASER has a period of 2 years from the date the defect is discovered to take action against LABORATOIRE OZALYS. They can then choose between the termination of the sale and the refund of the price or a reduction in the sale price (in accordance with Article 1644 of the French Civil Code). They must provide proof that the hidden defect exists.
With the exception of the specific case of non-conformity or hidden defect of the PRODUCTS in relation to the ORDER, it is not possible to exchange PRODUCTS. If the PURCHASER changes their mind and wishes to exchange a PRODUCT ordered or a new PRODUCT, they must use their right of withdrawal within the 14-day period (see article 5.6) and return the PRODUCT. This will be refunded but not exchanged. To receive a new PRODUCT, the PURCHASER will have to place a new ORDER on ozalys.com.
Procedure to follow
In the event of the guarantee being activated for non-conformity or hidden defects, the PURCHASER must follow a procedure known as "pick-up". To do this, the PURCHASER must send an e-mail to the Customer Service Department here to notify it of the non-conformity or hidden defects with regard to their Product(s).
In accordance with Article L 217-12 of the French Consumer Code and 1648 paragraph 1 of the French Civil Code, the PURCHASER has a period of 2 (two) years from the delivery of the Products to request the application of the warranty against hidden defects or the legal warranty of conformity. Any complaint made after this two-year period will be rejected.
After acknowledging receipt of the PURCHASER's request, the LABORATOIRE OZALYS Customer Service Department will analyse the merits of the application of the guarantee, based on the PURCHASER's request.
In the event of acceptance of the guarantee by LABORATOIRE OZALYS, the Customer Service Department will electronically send a pick-up voucher allowing the PURCHASER to return the products free of charge, with a printable label provided in order for the return to be performed free of charge.
Refunds for PRODUCTS deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of LABORATOIRE OZALYS having verified the lack of conformity or hidden defect.
The Customer Service Department is available to the PURCHASER for any complaints:
- Telephone : +33 (0) 2 32 09 42 44 ( from Monday to Friday from 9 a.m. to 6 p.m.) - excluding public holidays; in addition an answering machine is at your disposal 24 hours a day, with a message in French and English.
- E-Mail: LABORATOIRE OZALYS- 102 avenue des Champs Elysées- 75008 Paris /
Return address: LABORATOIRE OZALYS – Logistics site – ZA des Patis 1 rue Robert Dumont – 27 400 ACQUIGNY
Returns form: available here
ARTICLE 4: GENERAL PROVISIONS FOR THE SALE OF PRODUCTS ON THE WEBSITE
Article 4.1: Order
An ORDER is deemed to have been placed on the WEBSITE and the General Terms and Conditions of Sale having been accepted as soon as the PURCHASER has confirmed their payment. The data recorded by LABORATOIRE OZALYS and the secure payment provider constitute proof of the nature, content and date of the ORDER.
Double clicking by the PURCHASER under the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and the acceptance of the General Terms and Conditions of Sale (tickbox) constitute an irrevocable and unreserved acceptance of the ORDER by the PURCHASER.
The sale will be considered final only after LABORATOIRE OZALYS has sent the PURCHASER confirmation of the ORDER and has received full payment. LABORATOIRE OZALYS recommends that the PURCHASER keep the information contained in the ORDER confirmation sent by LABORATOIRE OZALYS in a paper or computer-based document.
Notwithstanding the above, LABORATOIRE OZALYS reserves the right to cancel any ORDER from a PURCHASER with whom there is a previous payment dispute or for any other legitimate reason, in particular with regard to the abnormal nature of the ORDER.
At any time, the PURCHASER can track their ORDER in the "My Account/My Orders" area provided for this purpose.
Article 4.2: Price
The prices of the PRODUCTS are expressed in euros and include all taxes, excluding a share of processing and shipping costs, for which the one off amount may vary depending on the PURCHASER’s choice.
For delivery in Mainland France:
- Colissimo home delivery: €0
- Colissimo click and collect: €0
For any orders delivered outside Mainland France, shipping costs may apply.
This one-off amount will be applied and indicated during the final confirmation of the ORDER by the PURCHASER.
For Colissimo deliveries in Belgium and Luxembourg, for any PRODUCT ORDER from the PURCHASER for an amount equal to or greater than €50, the aforementioned share of processing and shipping costs will not be applied to the PURCHASER.
The delivery costs are those applicable according to the Colissimo price list in force accessible here.
However, the shipping costs will depend on the customer’s final choice, as well as on the weight and volume of the products ordered.
The PRODUCTS shall remain the property of LABORATOIRE OZALYS until the price has been paid in full.
Any promotional offers shall be valid as long as they are published on the WEBSITE.
Article 4.3: Payment
Payment for the ORDER is made online on the WEBSITE (www.ozalys.com) via a payment card (bank card, Visa, Mastercard) or via Paypal. If one or more PRODUCTS is purchased on the WEBSITE, the PURCHASER indicates directly in the fields provided for this purpose: the card number, expiry date and the security code located on the back of the card. The entire amount of the ORDER will be debited from the payment card on the day of the ORDER.
Payment in 3 interest-free instalments is available, from the first euro and first item.
LABORATOIRE OZALYS reserves the right to suspend all ORDER management and delivery in the event of non-payment or refusal of authorisation for card payment from officially accredited and widely used internet organisations.
LABORATOIRE OZALYS cannot be held responsible for any malfeasance or fraudulent use of any payment method that has not been detected by the WEBSITE verification procedure and that could not be attributed to our WEBSITE. The PURCHASER guarantees to LABORATOIRE OZALYS that they have the necessary authorisations to use the payment method chosen for their ORDER.
Any fraudulent use of a payment card will not lead to reimbursement by LABORATOIRE OZALYS. For as long as an ORDER for a PRODUCT(s) has not been fully paid for, the PRODUCT(s) remains the property of LABORATOIRE OZALYS.
Article 4.4: Security of payments
Purchases made by the PURCHASER are secure. When the PURCHASER places their ORDER online, they are on the servers of Arcange. When the PURCHASER makes payment for their ORDER, they switch to the secure servers of the partner of LABORATOIRE OZALYS: E-transactions (Crédit Agricole).
Transactions carried out on the WEBSITE are secured by the e-transaction payment system (E‑transactions). All information exchanged to process the payment is encrypted using the SSL protocol. This data cannot be detected, intercepted or used by third parties. E-transactions is certified by GIE Cartes Bancaires, VISA, MASTERCARD. These certifications guarantee that the operational processes and technical solutions used by E-transactions comply with the most demanding criteria, in terms of securing exchanges and protecting banking data.
Purchases made by the PURCHASER are also secured by the system known as "3-D Secure": a secure Internet payment protocol. It allows merchants to limit the risks of fraud on the Internet related to identity theft attempts. It consists of making sure, during each online payment, that the card is being used by its real holder. LABORATOIRE OZALYS uses 3-D Secure on its WEBSITE.
Article 4.5: Shipping and delivery
Delivery will be carried out within an average of 1 to 4 working days, depending on the delivery method chosen by the PURCHASER, and in any case within a maximum of 30 days from the day following the date on which their ORDER is transmitted.
Delivery is only done via COLISSIMO with a mandatory signature, or a COLISSIMO partner for abroad, to the delivery address specified by the PURCHASER when ORDERING; it being specified that the Colissimo delivery system allows the PURCHASER or their representative to affix a countersignature and presupposes a visual verification of compliance with regard to the integrity of the package and/or the products ordered.
Any erroneous or missing information in the delivery address and/or the identity of the PURCHASER relieves LABORATOIRE OZALYS of liability for the delivery.
Upon receipt of the ORDER, the PURCHASER is obliged:
- To make known any reservations and complaints to the postal worker or to refuse the parcel if it is likely to have been opened or damaged;
- To report these incidents to the Customer Service Department, the contact details for this are indicated in Article 3.3;
- This must be done without delay, and at the latest within 3 working days after receipt of the ORDER.
Failing this, the ORDER shall be deemed to be delivered in good condition and may not be the subject of any subsequent dispute with regard to LABORATOIRE OZALYS.
It is specified that in accordance with Articles L.224-65 of the French Consumer Code and L.133-3 of the French Commercial Code, where the carrier cannot prove the possibility was provided to the consumer to actually check the good condition of the goods at the time of their delivery, the consumer has a period of 10 days to take action against the carrier when this system has been used in particular abroad.
Article 4.6: Withdrawal
Pursuant to the provisions of Articles L.221-18 et seq. of the French Consumer Code, the PURCHASER has a withdrawal period of 14 clear days from the delivery of their ORDER to return the PRODUCT(s) delivered. When the 14-day period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.
The refund of all amounts paid will be made no later than 14 days from the date of exercise of the right of withdrawal. Beyond that, the amount due is automatically subject to interest at the statutory rate in force.
If the amount of the original ORDER allowed the PURCHASER to obtain an advantage (free shipping, gifts, etc.), the refund of the returned PRODUCTS will be possible subject to the return of the benefits.
For a return following the exercise of the PURCHASER's right of withdrawal, if the total amount of the returned items causes the amount of the initial order to fall below the threshold giving access to free shipping costs, these shipping costs will then be deducted from the amount of the refund.
Returns made under the right of withdrawal must in any case be made in their original packaging and in perfect condition for resale to the following address: LABORATOIRE OZALYS – Logistics site – ZA des Patis 1 rue Robert Dumont – 27 400 ACQUIGNY.
LABORATOIRE OZALYS reserves the right to exclude the PURCHASER's right of withdrawal for products returned unsealed for hygiene and safety reasons (in accordance with Article L.221-28, 5 °) of the French Consumer Code). The unsealing of products is understood to be the tearing off of the tamper-evident label affixed to the cardboard box containing the product.
Refunds are made within eight days by the same means of payment as that initially used by the CUSTOMER once compliance with the returns and withdrawal procedure by the CUSTOMER has been verified.
Withdrawal form for LABORATOIRE OZALYS orders: available here
Article 4.7: Force majeure
LABORATOIRE OZALYS cannot be held responsible if the non-performance or delay in the performance of any of its obligations, as described herein, arises from a case of force majeure, pursuant to Article 1218 of the French Civil Code.
In the event of such an event occurring, LABORATOIRE OZALYS must immediately inform the PURCHASER of its inability to perform the service and provide proof to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The performance of the obligation is suspended for the entire duration of the force majeure event, if it is a temporary one. Consequently, as soon as the cause of the suspension of its mutual obligations is removed, LABORATOIRE OZALYS will make every effort to resume normal performance of its contractual obligations as soon as possible. To this end, LABORATOIRE OZALYS will notify the PURCHASER of the resumption of its obligation. If the impediment is definitive, the these Terms and Conditions will be purely and simply terminated.
Article 4.8: Data Processing & Freedoms
The provision of nominative information (personal data), indicated by an asterisk, and collected as part of remote selling is mandatory, this information being necessary for the processing and delivery of ORDERS as well as for the preparation of invoices. This information is strictly confidential and is only used by LABORATOIRE OZALYS, or its data processors subject to the same obligations as for the processing of orders made and in accordance with the Data Protection Policy accessible here. It is specified that personal data is not used beyond the requirements of order processing or as part of advertising campaigns by LABORATOIRE OZALYS.
No data is transferred to third parties or transmitted to third parties beyond the requirements of the LABORATOIRE OZALYS website.
In accordance with the Data Protection Act no. 78-17 of 6 January 1978, the BUYER has the right to access, rectify, delete and object to their personal data. The PURCHASER can exercise this right by writing to LABORATOIRE OZALYS, Consumer Service, - 102 avenue des Champs Elysées- 75008 Paris, indicating their surname, first name and address as well as the subject of the request, or they can send a message accompanied by a proof of identity to LABORATOIRE OZALYS Consumer Services here.
The PURCHASER may be required to receive e-mails from LABORATOIRE OZALYS informing them about the PRODUCTS and activities of LABORATOIRE OZALYS, if the PURCHASER has consented in advance by ticking the box provided for this purpose. The PURCHASER retains the right to refuse such communication, either a priori, by not giving their consent at the time of validation of the order, or a posteriori, by manifesting their refusal by e-mail by clicking here.
The collection of information has been declared to the CNIL under the no. 2104689V0.
Article 4.9: Intellectual Property
The Website www.ozalys.com is an intellectual work protected by French Intellectual Property Law. Each of the elements that make it up (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans and videos) are the exclusive property of LABORATOIRE OZALYS, the sole party authorised to use the intellectual property rights and personality rights related thereto.
The PURCHASER is only authorised to save or print the characteristics of the products as well as these General Terms and Conditions of Sale for the purpose of providing means of proof in case of dispute. Consequently, any reproduction and/or full or partial representation, use, adaptation or modification of the WEBSITE or any of the elements that compose it on any medium whatsoever, and in any form whatsoever, for other purposes and in particular commercial purposes, is expressly prohibited.
Any reproduction and/or representation of the WEBSITE or any of the elements that make it up must be subject to express prior authorisation from LABORATOIRE OZALYS. The creation of hypertext links to the WEBSITE can only be carried out with the prior written authorisation of LABORATOIRE OZALYS.
The brands mentioned on the WEBSITE are registered and therefore protected trademarks, and are the exclusive property of LABORATOIRE OZALYS.
Article 4.10: Disputes and Consumer Ombudsman
In the event of a dispute between LABORATOIRE OZALYS and the PURCHASER, the most diligent PARTY shall send, prior to any referral to a court or the Consumer Ombudsman, a letter of formal notice containing the grievances complained of to the other PARTY.
If there is failure to implement an attempted agreement within a period of 15 days from the date of the letter of formal notice, or in the event of its failure, the PURCHASER may refer to the Consumer Ombudsman in order to reach an agreement with the help of the Consumer Ombudsman.
LABORATOIRE OZALYS is a member of the FEVAD (Fédération du e-commerce et de la vente à distance [French Federation of e-commerce and remote selling]) a consumer mediator for e-commerce, which therefore has jurisdiction within the framework of the aforementioned procedure. It is advisable for the PURCHASER wishing to refer to it to make contact by post: The consumer mediator service for e-commerce, FEVAD, 60 rue de la Boétie - 75008 Paris, or by e-mail: [email protected].
Additional information is available on the FEVAD Website.
Article 4.11: Applicable Law and Jurisdiction
These General Terms and Conditions of Sale, as well as sales of LABORATOIRE OZALYS PRODUCTS, are subject to French law.
In the absence of an agreement or mediation as mentioned here in Article 4.10 , any dispute relating to the interpretation, execution or breach of the contract concluded between LABORATOIRE OZALYS and the PURCHASER will be subject to the exclusive jurisdiction of the French courts.
The PURCHASER may apply either to one of the territorially competent courts under the French Code of Civil Procedure, or to the court in the place where they resided at the time when the contract was concluded or the event for which damages are sought occurred.
ARTICLE 5: CODE OF CONDUCT
LABORATOIRE OZALYS undertakes to observe the Code of Conduct published by the FEVAD, of which the brand is a member.