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GENERAL CONDITIONS OF SALE
VASPERIS SA (hereinafter referred to as “VASPERIS”)
Owner of the internet site www.otentika.com (hereinafter the “Site”)
Registered office : Rue Francois-BELLOT 2, 1206 Geneva (SWITZERLAND)
Date of most recent update of the present general conditionsFeb 25 2019
ARTICLE 1 – PURPOSE
The present General Conditions of Sale (hereinafter “GCS”) govern the contractual relations between VASPERIS and any individual being a consumer (hereinafter the “Client”) using the order form on the Site (hereinafter the “Order Form”) to buy one (or several) product(s) bearing the O’TENTIKA trademark and/or any other product offered for sale on the Site (hereinafter the “Product(s)”). The GCS govern all Client orders on the Site, and the unconditional acceptance of the updated CGS at the moment where the order is placed is a prerequisite to any order.
The GCS are applicable only to consumer Clients.
In the event that a professional would like to pass order on the Site, then it should first contact VASPERIS using the contact details above, in order to obtain the general conditions of sale applicable to professionals.
The GCS constitute, together with the Order Form, the contract that defines the terms of on-line purchase of the Products (hereinafter the “Contract”). The Contract is entered into under the suspensive condition of the availability of the Products as well as of non-incident in the depositing of the amounts owed to VASPERIS. Thus, the order can only be effective as from the date of complete deposit of such amounts by VASPERIS. In the event of a payment incident of any nature whatsoever, the order will be rejected and the Client, who will not be – retroactively and automatically – bound by any contractual relationship with VASPERIS, may not claim any indemnification from VASPERIS, on any grounds whatsoever. Moreover, in such case, VASPERIS is entitled to claim for compensation for the harm it suffers, especially in the event where the Client had access to all or part of the Products before the payment incident is brought to VASPERIS knowledge.
ARTICLE 2 – THE PRODUCTS
Each Product is presented in the Site in the Products catalog or in a webpage of the Site dedicated to the Product, including the Product description and characteristics, the price of the its availability and related costs, and potentially a picture of the Product.
ARTICLE 3 – PLACING OF AN ORDER
3.1. Order without creation of a Client Account
The Client may place an order on the Site without creating a client account (hereinafter the “Client Account”).
In this case, the Client will only provide the following information: identity, email address, delivery address, invoicing address. VASPERIS will not keep these data after the order delivery, except for archive/evidence purposes.
3.2. Prior creation of a Client Account
Prior to completing any order on the Site, the Client may create a Client Account by filling in its identity information and choosing a user name and password.
The Client undertakes to keep the authentication procedure described above strictly confidential and personal. It also undertakes to provide accurate information and not to usurp the identity of any other individual or entity for any reason and in any manner whatsoever.
3.3. Selection and confirmation of the order
The orders are made exclusively via the Order Form accessible on the Site. Any confirmed order is valid for firm and definitive acceptance of the price and the Product as it is described on the Site. Prior to definitive confirmation of its order, the Client is given the opportunity to verify the details of the order and the price of such, and to correct any errors.
3.4. Confirmation of the order
A confirmation e-mail will be sent to the Client after final confirmation of its order by the Client on the Site, to the electronic address provided by the Client, confirming that VASPERIS has received its order.
When the order is validated by VASPERIS and finally passed, VASPERIS will send a new email to the Client, confirming that the Products are shipped. The email shall also contain a tracking number of the package with the carrier.
ARTICLE 4 - PRICE
The prices of our Products and the applicable currency vary depending on the point of sale the Client selected in the course of the order process. They are mentioned all taxes included (applicable taxes on the date of the order), unless otherwise indicated and before shipping costs. The amount for shipping, as well as of potential additional tax and expenses, is stated on the Site before the order validation.
All orders are payable in the applicable currency (see above).
VASPERIS reserves the right to change its prices at any time, but it undertakes to invoice the Product based on the price in effect at the time of the Client’s validation of the order on the Site and subject to Product(s) availability.
The Products remain VASPERIS’s property until payment of the price in full, in principal and in all accessory costs.
As soon as the Client takes possession of the ordered Products, all risk of loss or damage to the Products is transferred to the Client.
ARTICLE 5 - PAYMENT
Payment of orders on the Site is made by credit card through a secured system.
The credit card is debited immediately.
It is the Client’s responsibility to save, by any means it considers useful, the data concerning the payment transaction (and specifically the copy or registrations on a reliable and durable support).
ARTICLE 6 - AVAILABILITY
Our Products are offered in the limits of available stock. Our offers are valid subject to their availability of the Products.
In the event where a Product is not available after your order has been confirmed, we will inform you by mail as promptly as possible. Your order will be cancelled automatically (and your bank card will not be debited) or refunded.
ARTICLE 7 – DELIVERY
The Products are delivered to the delivery address provided during the confirmation of the order and entered in the Client Account. Products can be delivered only in the geographical zones specified on the Site.
VASPERIS undertakes to ship the Products no later than within three (3) days from the date of confirmation of the order.
On receipt of the Products, the Client must verify that the Products are in conformity with the order. In the event where Products are missing or not conform, the Client undertakes to make all of the necessary declarations in writing on the delivery slip and to so inform VASPERIS by telephone within 24 hours, and send to VASPERIS a description – supported by photos– of such failure to conform (or, in the absence of delivery, a certificate on their honour) by registered letter with return receipt requested within two (2) days from such delivery date.
Claims will not be processed if the Client has not met all of the conditions cited above.
If the claim is considered valid and after the Product(s) have been received by VASPERIS, the Client will be offered the following options:
- either to be reimbursed in full for the price effectively paid under the undelivered/non-conform order;
- or to receive a new identical Product, subject to availability.
You may return Products that you purchased on the Website during a period of 14 days from receipt for any reason. You are responsible for shipping the Products back to us at your cost, and they must be unopened in their original packaging and, in our discretion, ready for resale to another customer. If we determine that you have complied with these requirements we will issue a full refund of the purchase price including our shipping cost. In case of partial return, if we determine that you have complied with these requirements we will issue a full refund of the purchase price less our shipping cost . All sales of discounted Products are final.
If you received a Product that is not the Product that you ordered or that arrives damaged, you may return the Product to us by initiating the process within three days from delivery. If we determine that the Product was indeed defective, or that we shipped the wrong Product, we will replace the Product or, at your option or if it is unavailable, refund you the purchase price in full, including any shipping cost and taxes.
If you wish to return a Product you shall use the Create a Return Link which appears in the footer or in your account or contact our Customer Service Department at support Contact Us if you need to have additional questions. If case of acceptance of the return, we will issue a Return Authorization Number. Return shipping cost are on yous, unless otherwise agreed. The Return Authorization must be included in your package, and we must have received the returned Product to be eligible for a refund. All orders except those concerning US and Canada shall be returned to
BJ Logistics
Vasperis Acct.
180 Route des Prés Rollier
74330 Sillingy
FRANCE
The return is subject to acceptance and the returned package shall include the RMA provided by otentika.com
ARTICLE 8 – REVOCATION
This Article 8 is only applicable to orders by consumer Clients in the meaning of preliminary article of the French consumer code.
The Customer has a period of fourteen (14) calendar days from receipt of the Product to exercise its right of withdrawal without any reasons and without paying pay penalties.
To use its right of withdrawal, the Client must notify VASPERIS by an unambiguous. To this end, the Client will fill in the withdrawal form available in Annex 1 of the GCS. VASPERIS shall acknowledge receipt thereof.
The Product(s) shall be returned by the Client to VASPERIS at the latest (14) days following disclosure by the Client of its decision to withdraw its order. In case of non-receipt of the Product(s) by VASPERIS, the Client will have to be able to provide a proof of shipping of the Product(s).
If the conditions for exercising the right of withdrawal are met, the total amount of the order will be refunded to the Client. The Client bears shipping costs for the Products return. This refund will take place within fourteen (14) days from the date VASPERIS was informed of the decision of the Customer to withdraw its order. However, if VASPERIS does not receive the returned Products within that period, or the proof of dispatch of the Products by the Client, the reimbursement of the Products will be postponed to the first of these two dates: VASPERIS receipt of the Products or VASPERIS receipt of the proof of shipping of the Products by the Client.
ARTICLE 9 – WARRANTIES
VASPERIS, as vendor of the Products, is liable for the lack of conformity of the Products it sells under the conditions of Article L.211-4 and following of French Consumer Code, as well as for hidden defects likely to affect the Products as provided by Article 1641 of French civil Code.
When acting relying on legal guarantee of conformity, the Client :
- has a period of two years from the issuance of the delivery of the Product to act;
- can choose between repair or replacement of the Product, subject to the conditions of cost provided for in Article L. 211-9 of French Consumer Code;
- is not required to provide proof of the existence of the lack of conformity of the Product during a period of twenty-four months following the issuance of the Product.
The legal guarantee of conformity applies regardless of the potential commercial guarantee that VASPERIS may provide to the Client.
If the Client chooses to act relying on the guarantee against hidden defects of the Product sold within the meaning of article 1641 of the French civil code, it can choose the resolution of the sale or a price reduction pursuant to Article 1644 of French civil code.
Any claim relating to a Product must be presented to VAPSERIS by email [email protected] or registered letter with return receipt to the following address: Vasperis SA, 2 Rue François-BELLOT, 1206 Genève, Switzerland.
The claim shall be detailed and clearly state the reasons thereof.
For Product return (pursuant to Article 8 or Article 9 of the GCS) the Products must be returned to VASPERIS in the state in which the Client received them with all the elements (accessories, packaging, manuals ...), the Client having been authorized to open the package.
Statutory provisions :
Article L.217-4 of French consumer code :
"The seller deliver a good in conformity with the contract and is liable for defects of conformity existing upon delivery.
It is also liable for lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility. "
Article L.217-5 of French consumer code :
"The product complies with the contract :
1. If it is suitable for the purpose usually excepted from a similar property and, where applicable:
- if it matches the description given by the seller and possesses the qualities that it has presented to the buyer as a sample or model;
- if it has the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labeling;
2. Or if it has the features defined by mutual agreement by the parties or is suitable for any particular purpose for which the buyer brought to the seller’s attention and the latter accepted. "
Article L.217-12 of French consumer code :
"The action resulting from lack of conformity is barred two years after delivery of the goods."
Article 1641 of French civil code :
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its
intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it, if he had known of the defects.
Article 1648, paragraph 1 of French civil code :
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
ARTICLE 10 - LIABILITY
It is the Client’s responsibility to verify with the local authorities concerning the import and use of the Products that it is considering ordering.
Furthermore, VASPERIS cannot be held liable for damage resulting from incorrect use of the purchased Product.
VASPERIS cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, and specifically any termination of service, external intrusion or the presence of any computer virus.
Lastly, VASPERIS cannot be held liable if the failure or delay in the performance of any of its obligations as set forth in these General Conditions of Sale results from an event of force majeure in the meaning of French civil code.
ARTICLE 11– APPLICABLE LAW AND DISPUTE RESOLUTION
The contractual language applicable to the GCS is French. The Contract is subject to Swiss law, without prejudice to the provisions of French law that might in any case apply in favor of consumer Clients, within the meaning of the preliminary article of the French Consumer code.
Any dispute that may arise in connection with the validity, interpretation and performance of all or part of the Contract shall be brought for resolution before the relevant courts of the Court having jurisdiction over the registered offices of VASPERIS. Le présent alinéa est inapplicable aux Clients consommateurs au sens de l’article préliminaire du code de la consommation français.
Moreover, the Client has the possibility to contact the following mediator : Centre for mediation and arbitration of Paris (CMAP)
The Client may also use the ODR platform (Online Dispute Resolution), accessible by clicking on the following link: Platform RLL
ARTICLE 12 – INTELLECTUAL PROPERTY
The Products (their shape, colours, cut…) and all elements reproduced (logo, brand names…) are and remain the exclusive intellectual property of VASPERIS.
The Client is not in any case authorized to reproduce, operate or use in any manner whatsoever, even partially, any of these elements without VASPERIS’ express prior written consent.
ARTICLE 13 - PERSONAL DATA
The Client’s personal data (hereinafter the “Data”) collected via the Site is processed automatically under VASPERIS’s responsibility.
The Data is processed for the purposes of handling the order, create anonymous statistics, and improving the services and information that VASPERIS send to the Client, in particular VASPERIS newsletter.
Such data may also be transmitted to VASPERIS’ partners or suppliers, such as those responsible for filling the services and orders for the purpose of managing, performing, treating and payment of such.
The User is entitled to a right to access, correct and – where legitimate – contest the processing of the Data concerning it; these rights may be exercised via [email protected]
ARTICLE 14 – ARCHIVING PROOF
VASPERIS will archive the order forms and invoices in a reliable and durable support that constitutes a true copy.
VASPERIS’s computerized registries will be considered by all of the parties concerned as proof of all communications, orders, payments and transactions that occur between the parties.
ARTICLE 15 - LANGUAGE
If the present GCS and/or the Site were written in several languages among which French one, French language shall solely prevail.
APPENDIX 1
REVOCATION FORM
Reminder: this form can be used only if the Client fulfills the conditions of Article 8 of the GCS. In particular, the Client must be a consumer as defined in the preliminary article of French Consumer Code, and the form submission must be made no later than 14 days after receipt of the Products ordered by the Client (or by a third party, other than the carrier designated, by the Client).
(Complete and return this form only if you wish to withdraw from the contract.)
To the company Vasperis SA.
I/We(*)hereby give notice that I/We withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate