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Terms and Conditions HEADING_TITLE

TERMS AND CONDITIONS OF SALE

1. Subject

These general conditions of sale are aimed, firstly, to inform any consumers about the terms and conditions under which the seller proceeded to the sale and delivery of products ordered and, secondly, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply without restriction and without reservations, to all the sales, by the company OZMOZ, of the products offered on its website.

Accordingly, for any person to order a product offered for sale on the website of the company OZMOZ wins full acceptance of these terms and conditions of sale which Buyer acknowledges having read prior to his order.

The products are offered for sale on the following geographical territory :
- France and Corsica, the principalities of Andorra and Monaco
- The countries of continental Europe the euro zone following:
Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, the Netherlands.
- Denmark, UK, Switzerland
- French overseas departments.

Buyer prior to his order, said that:
- The purchase of products on the website of the company OZMOZ is not directly related to his work and is limited to a personal, family or household;
- Have full legal capacity, allowing him to engage under these conditions of sale.

The OZMOZ company reserves the right to change these Terms of Use

2. Corporate Identity

Name: OZMOZ Sarl
Address: 6 Chemin des Dionniéres
Postal Code: 26600
City: Tain l'Hermitage
Country : FRANCE

Siren: 499 101 905 R. C. S. Romans

3. Access to Site

It is the Buyer own responsibility to set up the IT and telecommunications means allowing him to access to OZMOZ Website.

The Buyer keeps at his own expense, the cost of telecommunications in Internet to access and use of the website.

4. Formation of the contract and orders

4.1. Rates

The selling prices of the products on the OZMOZ's website, are displayed in euros, and are those in effective at the time of registration of order by Buyer.

They do not include shipping charges, coming in addition to the price of products purchased. Shipping costs will be shown before the order is validated by the Buyer. The shipping fees are displayed on the "Shipping costs" page.

The OZMOZ company reserves the right to charge an additional fee for postage and packing below a certain level of command. At the presnet time, this additional fee, of 3.50 euros, is due for orders with a goods net amount, including taxes, after applying discounts, excluding postage and packing, which is less than 20 euros.

In case the shipping costs on the order do not appear on the website, because of the geographical location of the buyer or the amount of your order. The buyer must contact, before placing orders, the logistics services of OZMOZ company by e-mail to logistique@ozmoz.fr for a personalized study.

The prices include value added tax (VAT) applicable to the days of the order and any change in the rate will automatically be reflected in the price of products sold by OZMOZ within its website.

The selling prices of products may be modified by OZMOZ at any time. This change will be reported to the Buyer before ordering.

4.2. Product features

In accordance with the Article L. 111-1 of the Consumer Code, the Purchaser may, prior to his order, read on the site of OZMOZ, the essential characteristics of the product he wants to order.

The Buyer selects one or several products among different categories offered on the website OZMOZ.

Bids from OZMOZ are valid within the limits of available stocks. For products not stored in its warehouses, the offers presented by OZMOZ are valid subject to availability from suppliers.

OZMOZ reserves the right to change the product assortments according to particular constraints related to its suppliers.

The photographs, graphics and descriptions of products offered for sale are only indicative and do not bind the seller.

In cases where a supplier would change the appearance of a product, shape, design without significant modification of the intrinsic qualities of it, the liability of the seller could not be committed and the validity of the sale would be maintained.

4.3. Order

Any order suppose adherence without restriction or exception to these general conditions of sale.

From the moment the buyer has registered his order by clicking the "Confirm Order" button, he is considered to have accepted knowingly and without reservations, these terms and conditions, the sale prices, the volumes and quantities of products offered for sale and ordered. However, the Purchaser may cancel the order during the hour following its validation.

Buyer's order must be confirmed by OZMOZ by e-mail.

The sale will be considered final, when the buyer has received the confirmation of the order from OZMOZ and once OZMOZ has received the full price for it.

OZMOZ recommends the buyer to keep these informations on paper or on a computer support.

OZMOZ sells products featured on its site solely to detail and to final consumers. Any order clearly not corresponding to a retail sale and, more generally, any fraudulent order, or suspected as such, by OZMOZ will be considered null and void.

4 .4 Signature
(Act of 13 March 2000 on electronic signature)

Any order signed by the consumer click on the icon "Confirm Order" is an irrevocable acceptance that can not be challenged within the limits specified in these Terms of Use.

The "click" associated with the authentication and non-repudiation and protection of the integrity of messages is an electronic signature. This electronic signature has value between the parties as well as a handwritten signature.


5. Payment

Payment must be made when ordering by Buyer. At no time, payments can not be considered as a deposit.

All orders are payable in euros.

To pay his command to France and Corsica, the Purchaser shall have the following payment methods: credit card, check, cahs on deilivery, bank transfers and online credit notes.

Major credit cards accepted on the site are: Visa, Master Card, and Carte Bleue The full list of accepted credit cards is available on the website of our service provider at the following address : www.spplus.net

Checks payment is only accessible for customer holding a check account in metropolitan France. Orders will be processed after the amount of the check has been credited to OZMOZ account. The buyer will have note on the back of the check, references provided to him in the order confirmation (Order No. and e-mail).

An order paid by bank transfer will be processed on receipt of the payment, the buyer takes care to remind in his transfer order, the references provided to him in the order confirmation.

The cash on delivery payment involves additional costs to be borne by the buyer, those fees will be indicated on the order form before its approval. The buyer will be able to validate this method of payment or choose another payment method.

The online credit notes are issued exclusively by OZMOZ and usable only on its website. They have a validity of three months from the date of issue.

Orders "Outside Metropolitan France and Corsica" will be made exclusively by credit card, bank transfer, or cash on delivery if this option is available for the country concerned.

The Buyer guarantees OZMOZ he has the necessary permissions to use the payment method he chooses, when recording the order form.

OZMOZ reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution in case of non-payment of any sum to be paid by the Purchaser or in case of Payment incident.

Penalties in an amount equal to the legal interest rate plus five points are automatically applicable to the amounts outstanding at the end of a period of ten days after the billing date or upon notification of the payment rejection by the bank for any other means of payment. The delivery of any new order may be suspended in case of late payment of a previous order and notwithstanding the provisions hereof.

OZMOZ reserves the right to request a copy of identity card and / or credit card (front only) of the Buyer for any payment by credit card or check.

For amounts exceeding 200 euros, tax included, OZMOZ reserves the right to request a certified copy of an identity document.

As part of the fight against fraud on the Internet, information about your order can be sent to any third party for verification.

To ensure the security of payment by credit card, the customer must transmit the visual cryptogram (CVV) of his credit card during the credit cards payment process.

OZMOZ uses a secure payment tool. The security of payment based on authentication of the trader, ie OZMOZ, and the confidentiality of all data. To ensure safety, our supplier uses cryptographic techniques and respects the various banking regulations. For more precision, the buyer can go to the website of our service provider at the following address: www.spplus.net

6. Choice of products

The Buyer, having knowledge of products and their characteristics, marketed by OZMOZ has, in his sole responsibility and according to the needs he had previously determined before placing any order, focused his choice to the products subject to his order. In addition, the buyer knewing himself the products he owns and uses, is the sole judge of the compatibility of products ordered with those already used by him.

IAlso, the buyer has on the company's website OZMOZ and on the products packaging (or on a joined leaflet when the size product does permit readable writings ) all informations relating to conditions of use, conservation and restrictions on use of products. Accordingly, the buyer can not take advantage of damages resulting from failure to comply with these recommendations.


7. Shipping and Returns

7.1. General Rules

For parcels tracking reasons, we can not deliver orders to military bases or any other premises of the army.

The products will be delivered to the address given by the Purchaser on the order form.

By default, the bills are transmitted to the e-mail address specified by the customer during registration.

In the lack of compliance with procedures outlined below, no claim from the Purchaser will be accepted.

7.2. System features of Colissimo Suivi La Poste

The Buyer is delivered to his home by his postman and signs a slip distribution receipt. In case of absence, the buyer or recipient of the product ordered receives a notice of passage from his postman , allowing him to withdraw the products ordered, at his post office, for a period of fifteen days.

The Buyer must check in the presence of the clerk of the post ,or deliveryman, the condition of the packaging and of the goods content at delivery time.

In the event that the Buyer has any doubt whatsoever on the conditions or the contents of his package, he shall :
- apply the Colissimo procedure (including reporting damages, all claims and reserves) and refuse the goods by issuing an immediate finding of fault to the clerk of the Post Office (finding 170).
- report such incidents to OZMOZ.

7.3. Characteristics of delivery by UPS and Chronopost

The buyer is delivered to his home by the driver of the company Chronopost and UPS and electronically sign a receipt.

In case of absence, the buyer or recipient of the product ordered, receives a notice of passage, which allows him to contact the carrier to settle on another day for delivery.

The buyer is required to check in the presence of the deliveryman the conditions of packages and the number of packages delivered.

If in doubt, he should refuse the package and report these incidents to OZMOZ.

7.4 Delivery times,

Delivery times, following the validation of your order, are:
- Colissimo Suivi La Poste : 3 to 5 days
- Chronopost : 2 to 3 days
- UPS : 2 to 3 days

These deadlines are intended as a guide only.

Any excess on this delivery times, can not lead to damages, restraint or cancellation of the order by Buyer.

In any event, and in accordance with Article L. 121-20-3 of the consumer code, the products ordered will be delivered within a maximum period of thirty days from the day following the Buyer recorded his order, subject to payment of the price.

In the lack of delivery on the expiry of that period, the Buyer has the possibility to cancel his order. The sums paid by the Buyer will be returned excluding any other compensation.

In the event of late delivery compared to the initial date, the Buyer shall notify in writing (mail, fax, e-mail) to OZMOZ to improve the quality of service that may be proposed, to allow OZMOZ to conduct a survey of the carrier.

A survey of the carrier can last up to 21 days. If during this period, the product is found, it will be re-routed to the point of delivery specified in the order form.

If the product is not found at the end of this period of 21 days of investigation, OZMOZ proceed at its own expense to a new shipment of products ordered by the Buyer.

If the ordered products were not to be available, the Buyer can obtain the refund of the products concerned by the confirmed loss statement of the carrier.


7.5. Returns

The products can be returned by the Buyer in accordance with the conditions and instructions below. The products must be returned to OZMOZ in a proper condition for resale in their original condition (packaging, accessories, notice...), duly sealed, accompanied by the signed Return Statement.

Prior to any return, the buyer must contact the OZMOZ company, to notify the reasons for this return and get a "Return Statement" to be attached to the expedition.

The Shipping back of the parcel costs and responsibility remain to the Buyer. In case of delivery error attributable to the OZMOZ company, the returning costs incurred by the buyer will be credited to his account on the OZMOZ website for six months, from reception of the undamaged goods, to the maximal amount of the expenses originally incurred by OZMOZ for shipment.
The initial delivery costs are not reimbursed.

To return an item, the buyer must follow these instructions:
1. Use original packaging to return the product.
2. Complete and attach the Return Statement. Good returned without Return Statement are not accepted.
3. Send parcels to the following address:

OZMOZ Sarl
To the Returns Service
6, Chemin des Dionnières
26600 TAIN L'HERMITAGE
FRANCE

OZMOZ does not accept parcels addressed postage due.

Any risk in the return of the products is borne by the Purchaser.

Lack of compliance with the procedure outlined above and specified periods, the Purchaser shall not make any claim for non-compliance or defect products delivered, the products will be deemed compliant and free from any defect.

8. Right of withdrawal

In accordance with the Article L. 121-20 of the Consumer Code, the Buyer shall have a period of seven days from the date of receipt, to return at his costs, the products ordered, for reimbursement.

The products must be returned to OZMOZ in a proper condition for resale in their original condition (packaging, accessories, notice...), duly sealed, and accompanied by the signed Return Statement as described in Article 7.5 above.

9. Retention of title

OZMOZ retains full ownership of items for sale, until the perfect collection of all amounts due at the command (including fees and taxes). Upon receipt of the goods, the burden of risk is transferred to the buyer. The buyer must ensure the proper conservation of these goods.


10. Disclaimer

The present Term and Conditions, are an english translation of the OZMOZ company, general Terms and Conditions, originally written in French. If any interpretation mismatch occurs, the only valid text will be the French “Conditions Générales de Ventes”.


OZMOZ can not be held liable for breach of contract if the stock shortage or unavailability of the product due to a major force , disruption, or total or partial strike of postal services and means of transport and / or communications.

OZMOZ can not be held liable for any damages that might arise from the purchase of products.

OZMOZ can not be responsible for any loss of data files. It is the Buyer responsability to make all the necessary backups.

The OZMOZ website also contains informations from third parties, and links to other websites. OZMOZ will in no way be liable for damages resulting from the use, access , or inability to use these third parties informations, or other websites' contents.

11. Partial Non-validity

If one or more provisions of these terms and conditions of sale are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions keep all their force and scope.

12. No Waiver

The fact that one party not to rely on a breach to the other party to any of the obligations set out in these general conditions of sale can not be interpreted in the future as a waiver the obligation involved.

13. Applicable law and jurisdiction

Sales of products the company OZMOZ are subject to French law. Any dispute concerning the interpretation, performance or breach of contract between the Buyer and OZMOZ, even in cases of multiple defendants will, in the absence of agreement, the exclusive jurisdiction of the courts of Romans.

International Sales (1):
Any dispute to which the order could result, for example the performance, interpretation, validity or cancellation at the bottom will be governed by French law to the rules of forms and substantive rules, except provisions of the Vienna Convention of 11 April 1980 on the International Sale of Goods (2).

14. "Computer and Freedoms"

The information collected by OZMOZ in any order from the Buyer are necessary to manage his order by OZMOZ and its trading partners. In accordance with the law "Informatique et Libertés" No. 78-17 of 6 January 1978, the Buyer has an access, rectification, opposition and deletion right ,of the data relating to him detained by OZMOZ.

Through OZMOZ, the Buyer may receive proposals from other agencies or companies, or be informed of OZMOZ bids. If Buyer does not wish to receive these proposals, he may inform OZMOZ by mail, e-mail or by checking the withdrawal button of the mailing list at the bottom of promotional e-mail.

OZMOZ reserves the right to implement cookies in the computer of visitors to its website. A cookie does not allow to identify visitors. In general, it records informations about the navigation of your computer on websites (the pages viewed, date and time of consultation, etc.). They can be read during future visits. In this case, it contains informations that have been provided by the visitor. So the visitor will not need during his next visits to refill the forms that he already filled before.

(1) Within the limits of the geographical territory described in Article 1

(2) UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980)
This Convention does not apply to sales of goods bought for personal, family or household, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to know that the goods were bought for such use

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