Terms and conditions of sale
ARTICLE 1: DEFINITIONS
LABORATOIRE OZALYS: this term refers to Laboratoire Ozalys, a company with a capital of €1,900,000, whose registered office is located at 102 avenue des Champs Elysées - 75008 Paris, intra-Community VAT number: FR 78 514 836 931, registered with the Paris Trade and Companies Registry under number 514 836 931 Telephone number: 02 32 09 42 44, Siret : 514 836 931 00014
PRODUCT(s): this term refers to the cosmetic products marketed by LABORATOIRE OZALYS and offered for sale on the SITE.
BUYER: this term refers to the contracting party, a private individual and non-professional, who has ordered one or more PRODUCT(s) on the site.
SITE: this term refers to the Website of LABORATOIRE OZALYS: ozalys.com on which the PRODUCTS are presented and sold to the BUYER. It is hosted by Société Arcange, whose registered office is located at 72, rue de la République - 76140 Le Petit Quevilly, registered with the R.C.S. de Rouen, under number 828 548 487.
ORDER: this term refers to the sales contract concluded between LABORATOIRE OZALYS and the BUYER. All orders are made with an obligation to purchase.
PARTY(IES): this term refers jointly or separately to the BUYER and/or LABORATOIRE OZALYS.
ARTICLE 2: PURPOSE
The purpose of these general terms and conditions of sale is to define the terms and conditions under which LABORATOIRE OZALYS offers, via its SITE, the marketing of PRODUCTS to BUYERS.
Consequently, any ORDER for one or more PRODUCTS made by the BUYER implies its full and complete acceptance without reservation of these general conditions of sale which prevail over any other document, unless special conditions are expressly agreed in writing by LABORATOIRE OZALYS.
The BUYER acknowledges having read the general terms and conditions of sale before placing their ORDER.
These general terms and conditions of sale apply only to the online sale of PRODUCTS.
LABORATOIRE OZALYS reserves the right to modify these general terms and conditions of sale at any time.
Nevertheless, the general conditions of sale applicable to the PRODUCT ORDER placed by a BUYER on the SITE are those accepted by the BUYER at the time the ORDER is placed.
These general terms and conditions of sale supplement the conditions of use of the SITE available at any time through the section "General Terms and Conditions of Use" of the SITE and applicable to the BUYER.
ARTICLE 3: SPECIFIC PROVISIONS FOR THE SALE OF PRODUCTS ON THE SITE
Article 3.1: Specificities 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, dry skin, painful scars, etc.) with the quality requirement of luxury products, and the most selective raw materials on the market.
In view of their specific nature, an advice service is available to customers to guide and advise them by telephone on + 33 (0) 2 32 09 42 44 from Monday to Friday from 9 am to 6 pm CET, excluding public holidays.
Outside these hours or in case of saturation, an answering machine is at your disposal 24/7 with a message in French and English.
- By Post: LABORATOIRE OZALYS- 102 avenue des Champs Elysées- 75008 Paris
In addition, our consulting service will answer any request or query by e-mail to the following address: [email protected]
Article 3.2: Availability of PRODUCTS
In accordance with Article L. 111-1 of the Consumer Code, the BUYER may, prior to their ORDER, read directly on the SITE, the essential characteristics of the PRODUCT(s) they wish to order. On the other hand, in the event that the BUYER wishes to obtain expert advice on the PRODUCTS, Customer Service is at their disposal.
To contact Customer Service click here
In the event that the PRODUCTS are unavailable after the ORDER has been placed, the BUYER shall be informed as soon as possible. They will then be offered the choice to modify their ORDER or to cancel it and thus to obtain a refund within 14 days of the 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 BUYER must connect to the SITE and enter their e-mail address and password or create an account where they must enter their title, surname, first name, e-mail address and password.
An online PRODUCT ORDER leads to:
- firstly: LABORATOIRE OZALYS sends a confirmation and summary of the ORDER via e-mail,
- secondly: LABORATOIRE OZALYS sends a confirmation of shipment of the ORDER via e-mail,
- thirdly: delivery by LABORATOIRE OZALYS of the PRODUCTS, by post, to the address indicated by the BUYER when placing their PRODUCT ORDER.
Article 3.4: Guarantee
Our products comply with the requirements of European Regulation EC No. 1223/2009 on cosmetic products.
Our products are guaranteed for 6 months or 12 months (depending on the product) after opening, during which time the product is "safe" and can be used without harm to the BUYER.
The PRODUCTS of LABORATOIRE OZALYS presented on the site and delivered to the BUYER benefit automatically and without additional payment, in accordance with legal provisions, from
- the legal guarantee of conformity, for PRODUCTS which are defective, damaged or do not correspond to the ORDER,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the products delivered and rendering them unfit for use,
in accordance with the conditions and procedures referred to in Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and Articles 1641 and 1648 of the Civil Code.
It is specified that under the legal guarantee of conformity, the BUYER has a period of 2 years from the delivery of the goods to take action against LABORATOIRE OZALYS; the BUYER may choose between reimbursement of the price of the PRODUCT within a maximum period of 14 days following the BUYER's request, or the exchange of the PRODUCT for an identical PRODUCT or one of identical quality and equivalent price according to the availability of the stock. Proof of the existence of a non-conformity must be provided.
It is specified that under the legal guarantee against hidden defects of Article 1641 of the Civil Code, the BUYER has a period of 2 years from the discovery of the defect to take action against LABORATOIRE OZALYS. They can then choose between the cancellation of the sale and the reimbursement of the price, or a reduction of the sale price (in accordance with article 1644 of the Civil Code). Proof of the existence of the hidden defect must be provided.
With the exception of the specific case of non-conformity or hidden defect of the PRODUCTS with respect to the ORDER, no exchange of the PRODUCT is possible. If the BUYER changes their mind and wishes to exchange an ordered PRODUCT for a new PRODUCT, they must use their right of withdrawal within 14 days (see article 5.6) and return the PRODUCT which will be refunded but not exchanged. To have a new PRODUCT, the BUYER must place a new ORDER on ozalys.com.
Procedure to be followed
In the event that the guarantee is invoked for non-conformity or hidden defects, the BUYER must follow the procedure for handling complaints. To do this, the BUYER must send an email to Customer Service here to notify them of the non-conformity or hidden defects of their PRODUCTS(s).
In accordance with article L 217-12 of the Consumer Code and 1648 paragraph 1 of the Civil Code, the BUYER has a period of 2 (two) years from the delivery of the Products to request the application of the guarantee against hidden defects or the legal guarantee of conformity. Any claim made after this two-year period will be rejected.
After acknowledging receipt of the BUYER's request, the LABORATOIRE OZALYS Customer Service will analyze the justification for the guarantee claim.
In the event of acceptance of the claim by LABORATOIRE OZALYS, the Customer Service will send a claim acceptance note electronically allowing the BUYER to return the products free of charge, using the printable label provided.
Refunds for PRODUCTS found to be non-conform or defective will be made as soon as possible and at the latest within 14 days following the acceptance by LABORATOIRE OZALYS of the lack of conformity or hidden defect.
For any complaint, the Customer Service is at the BUYER's disposal:
- Telephone: +33 (0) 2 32 09 42 44 (Monday to Friday from 9am to 6pm ECT) - excluding public holidays; in addition, an answering machine is at your disposal 24/7 with a message in French and English.
- By post: 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
Return Form: accessible here
ARTICLE 4: GENERAL PROVISIONS FOR THE SALE OF PRODUCTS ON THE SITE
Article 4.1: Order
An ORDER is deemed to have been placed on the SITE and the general terms and conditions of sale accepted as soon as the BUYER has validated their payment. The data recorded by LABORATOIRE OZALYS and the secure payment service provider constitute proof of the nature, content and date of the ORDER.
The BUYER's double click, as part of the ORDER constitutes an electronic signature that has the same value as a handwritten signature. The double click and acceptance of the general terms and conditions of sale (checkbox) constitute an irrevocable and unreserved acceptance of the ORDER by the BUYER.
The sale will only be considered final after LABORATOIRE OZALYS has sent the BUYER confirmation of the ORDER and received payment in full. LABORATOIRE OZALYS recommends that the BUYER save the information contained in the ORDER confirmation sent by LABORATOIRE OZALYS as a paper or electronic document.
Notwithstanding the foregoing, LABORATOIRE OZALYS reserves the right to cancel any ORDER from a BUYER with whom there is a prior payment dispute or for any other legitimate reason, in particular, in view of the abnormal nature of an ORDER.
At any time, the BUYER may track their ORDER in the "My Account/My Orders" section provided for this purpose.
Article 4.2: Price
The prices of the PRODUCTS are expressed in euros and include all taxes (including VAT), excluding contribution to the processing and shipping costs, the flat-rate amount of which varies according to the BUYER's choice,
Either for delivery in metropolitan France:
- Colissimo home delivery: 0 €
- Colissimo delivery to a collection point: 0 €
For any order delivered outside metropolitan France, shipping charges may apply.
This fixed fee will be applied and indicated during the final validation of the ORDER by the BUYER.
In the case of Colissimo delivery in Belgium and Luxembourg, for any PRODUCT ORDER from the BUYER for an amount equal to or greater than 50€, the above-mentioned contribution to the processing and shipping costs will not be applied to the BUYER.
Delivery charges are those applicable according to the current Colissimo price list available here.
However, shipping costs will depend on the final choice made by the customer as well as the weight and volume of the products ordered.
The PRODUCTS remain the property of LABORATOIRE OZALYS until full payment has been received.
Any promotional offers are valid as indicated on the SITE.
Regulation 4.3: Payment
The payment of the ORDER is made online on the SITE (ozalys.com) via a payment card (credit card, Visa, Mastercard) or via Paypal. In the event of the purchase of one or more PRODUCTS on the SITE, the BUYER indicates directly in the fields provided for this purpose: the card number, its expiration date and its security code located on the back of the card. The entire amount of the ORDER will be charged to the credit card on the day of the ORDER.
Payment in 3 installments is available free of charge, from the first euro and first item.
LABORATOIRE OZALYS reserves the right to suspend any ORDER processing and any delivery in the event of non-payment or refusal of authorization of payment by credit card by the usual officially accredited Internet organizations.
LABORATOIRE OZALYS shall not be held liable for any misuse or fraudulent use of any means of payment that has not been detected by the SITE verification procedure and that cannot be attributed to our SITE. The BUYER guarantees to LABORATOIRE OZALYS that he has the necessary authorizations to use the payment method they have chosen for their ORDER.
Any fraudulent use of the credit card will not give rise to a refund by LABORATOIRE OZALYS. As long as a PRODUCT ORDER has not been fully settled, the PRODUCT(s) remains the property of LABORATOIRE OZALYS.
Article 4.4: Securing Payments
Purchases made by the BUYER are secure. When the BUYER places their ORDER online, they are on the Arcange server. When the BUYER makes the payment of their ORDER, they switch to the secure servers of the partner of LABORATOIRE OZALYS : E-transactions (Crédit Agricole).
The transactions carried out on the SITE are secured by the e-transaction payment system (Etransactions). All information exchanged to process the payment is encrypted using SSL protocol. This data may not be detected, intercepted or used by third parties. Etransactions is certified by GIE Cartes Bancaires, VISA, MASTERCARD. These certifications ensure that the operational processes and technical solutions used by E-transactions comply with the most stringent criteria for securing exchanges and protecting bank data.
The purchases made by the BUYER are also secured by the "3-D Secure" system: a secure Internet payment protocol. It allows merchants to limit the risk of Internet fraud related to identity theft attempts. It involves ensuring, during each online payment, that the card is being used by its real holder. LABORATOIRE OZALYS uses 3-D Secure on its SITE.
Article 4.5: Shipping and Delivery
Delivery will be made within an average period of 1 to 4 working days depending on the choice of delivery method made by the BUYER and in any case within a maximum period of 30 days from the day following the day on which the ORDER is transmitted.
Delivery is only made by COLISSIMO with mandatory signature or COLISSIMO partner for foreign countries to the delivery address specified by the BUYER during the ORDER; it being specified that the Colissimo delivery system allows the BUYER, or their representative, to affix a countersignature and presupposes a visual verification regarding the integrity of the package and or the ordered products.
Any erroneous or missing information in the delivery address and/or the identity of the BUYER releases LABORATOIRE OZALYS from the responsibility of the delivery.
Upon receipt of the ORDER, the BUYER is bound:
- To express any reservations and complaints to the postal service or to refuse the package if it is likely to have been opened or damaged;
- To report these incidents to Customer Service, whose contact details are given in article 3.3;
- This must be done without delay and at the latest within 3 working days of receipt of the ORDER.
Failing this, the ORDER is deemed to have been delivered in good condition and may not be the subject of any subsequent dispute against LABORATOIRE OZALYS.
It is specified that in accordance with Articles L. 224-65 of the Consumer Code and L. 133-3 of the Commercial Code, where the carrier does not justify giving the consumer the opportunity to effectively verify the good condition of the products 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 in foreign countries.
Article 4.6: Withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the BUYER has a withdrawal period of 14 clear days from the delivery of their ORDER to return the delivered PRODUCT(s). When the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
The totality of the sums paid will be refunded at the latest within 14 days from the date of exercise of the right of withdrawal. Beyond that, the amount due shall, as of right, bear interest at the legal rate in force.
If the amount of the original ORDER has allowed the BUYER to obtain an advantage (free shipping, gifts...), the refund of returned PRODUCTS will be possible subject to the return of the advantages.
In the context of a return following the exercise of the BUYER's right of withdrawal, if the total amount of the returned items causes the amount of the initial order to fall below the threshold that gave access to free shipping, then the said shipping costs will be deducted from the amount of the refund.
Returns under the exercise of the right of withdrawal must in all cases 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 dismiss the BUYER's right of withdrawal for products returned unsealed, for reasons of hygiene and safety (in accordance with Article L. 221-28, 5° of the Consumer Code). The unsealing of products refers to the removal of the tamper-evident label affixed directly to the PRODUCT cap and not to the opening of the packaging containing it, with the exception of perfume and mouthwash, for which tamper-evident protection is provided by cellophane protection which must not be torn or removed or opened.
The refund is made within a week by the same means of payment as initially used by the BUYER once the BUYER's compliance with the return and withdrawal procedure has been verified.
Withdrawal form for an LABORATOIRE OZALYS order: accessible here
Article 4.7: Force Majeure
LABORATOIRE OZALYS cannot be held liable if the non-execution or delay in the execution of any of its obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
In the event of such an event, LABORATOIRE OZALYS must immediately inform the BUYER of its inability to perform its service and justify this to the latter. The suspension of obligations may under no circumstances be a cause of liability for failure to perform the obligation in question, nor induce the payment of damages or penalties for late payment.
The performance of the obligation is suspended for the duration of the force majeure, if it is temporary. Consequently, as soon as the cause of the suspension of its mutual obligations has disappeared, LABORATOIRE OZALYS will make every effort to resume normal performance of its contractual obligations as soon as possible. To this end, LABORATOIRE OZALYS shall notify the BUYER of the resumption of its obligation. If the impediment is definitive, these terms and conditions shall be considered null and void.
Article 4.8: Information Technology & Liberties
The provision of personal information (personal data), indicated by an asterisk, and collected in the context of distance 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 subcontractors subject to the same obligations, for the processing of orders placed and in accordance with the Personal Data Policy accessible here. It is specified that personal data are not used outside the needs of order processing or as part of advertising campaigns of LABORATOIRE OZALYS.
No data are transferred to a third party or transmitted to a third party outside the needs 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 oppose their personal data. The BUYER may exercise this right by writing to LABORATOIRE OZALYS, Customer Service, - 102 avenue des Champs Elysées - 75008 Paris, indicating their last name, first name and address as well as the subject of the request or they may send a message with proof of identity to LABORATOIRE OZALYS' Consumer Service here.
The BUYER may receive e-mails from LABORATOIRE OZALYS providing information on the PRODUCTS and activities of LABORATOIRE OZALYS, if the BUYER has previously consented to this by ticking the box provided for this purpose. The BUYER 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 indicating their refusal by e-mail by clicking here.
The collection of information is declared to the CNIL under number 2104689V0.
Article 4.9: Intellectual Property
The ozalys.com SITE is an intellectual work protected by Intellectual Property Law. Each of the elements of which it is composed (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, slogans, videos) are the exclusive property of LABORATOIRE OZALYS, the only company authorized to use the intellectual property rights and related personality rights.
The BUYER is only authorized to record or print the characteristics of the products as well as these general terms and conditions of sale in order to provide evidence in the event of a dispute. Consequently, any reproduction and/or representation, in whole or in part, use, adaptation or modification, of the SITE or any of its components on any medium whatsoever, and in any form whatsoever, for other, more specifically commercial, purposes is expressly prohibited.
Any reproduction and/or representation of the SITE or any of its components must be expressly authorized in advance by LABORATOIRE OZALYS. The creation of hypertext links to the SITE may only be carried out with the prior written consent of LABORATOIRE OZALYS.
The brands mentioned in the SITE are registered and therefore protected trademarks and are the exclusive property of LABORATOIRE OZALYS.
Article 4.10: Disputes & Consumer Mediator In the event of a dispute between LABORATOIRE OZALYS and the BUYER, the most diligent PARTY shall, prior to any referral to a court or the Consumer Ombudsman, send a letter of formal notice setting out the complaints alleged against the other PARTY.
If the BUYER fails to instigate an attempt to reach an agreement within 15 days of the date of the letter of formal notice or if this attempt fails, they may refer, the matter to the Consumer Ombudsman in order to reach an agreement with the latter's help.
LABORATOIRE OZALYS is a member of the FEVAD, the e-commerce consumer mediator, which is thus competent within the framework of the above-mentioned procedure. It is advisable for the BUYER wishing to engage them to contact them by post: The service of the FEVAD e-commerce mediator, 60 rue de la Béotie - 75008 Paris, or by e-mail: [email protected].
Further information is available on the FEVAD website.
Article 4.11: Applicable Law & Jurisdiction These general conditions of sale as well as the sales of PRODUCTS of LABORATOIRE OZALYS are subject to the application of French law.
In the absence of agreement or mediation as mentioned in article 4.10 hereof, any dispute relating to the interpretation, execution or termination of the contract concluded between LABORATOIRE OZALYS and the BUYER shall fall within the exclusive jurisdiction of the French courts.
The BUYER may bring an action either before one of the courts having territorial jurisdiction under the Code of Civil Procedure or before the courts in the region of their place of residence at the time the contract was concluded or the harmful event occurred.
ARTICLE 5: Code of Conduct
LABORATOIRE OZALYS undertakes to follow the code of good conduct published by the FEVAD of which the brand is a member.