General Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) are offered by the company Ortholombaire . The following terms will be used hereinafter: “Site”: the website “ https://ortholombaire.com and all of its pages, the exclusive property of the Company. "Products" or "Services": all products (goods) and services (services) that can be purchased or subscribed to on the Site. "Seller": Ortholombaire , a legal entity or individual, offering its Products or Services on the Site. "Customer": any internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site. "Consumer," as defined in the preliminary article of the French Consumer Code: "any natural person who acts for purposes which are outside his trade, business, craft or profession." Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these Terms and Conditions, print them and/or save them on a durable medium, before placing an order on the Site. The Customer acknowledges having read the Terms and Conditions and accepts them in full.

Article 2 – Application of the General Terms and Conditions of Sale and Purpose of the Website The Seller reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Website. The General Terms and Conditions of Sale applicable to the Customer are those in effect on the day of their order on the Website. Legal information concerning the Website's hosting provider and publisher, the collection and processing of personal data, and the terms of use of the Website are provided in the general terms of use, legal notices, and data privacy policy of this Website. This Website offers the online sale of products . The Website is freely accessible to all Customers. The purchase of a Product or Service implies the Customer's acceptance of all of these General Terms and Conditions of Sale, which they acknowledge having read in full. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance statement of these General Terms and Conditions of Sale, such as "I acknowledge that I have read and accepted all of the Website's general terms and conditions." Checking this box will be considered equivalent to a handwritten signature by the Customer. Acceptance of these Terms and Conditions implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or lacks this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative. The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute. Any Order for Products implies the Customer's unreserved acceptance of and full adherence to these Terms and Conditions, which supersede all other documents, including catalogs, advertisements, and notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service Customer service for this Site can be reached by email at the following address: “ contact@https://www.google.com/search?q=ortholombaire.com ”, via the contact form, or by mail to the address indicated in the legal notice. The Customer must include their first name, last name, the subject of their request, and their Order number in the email. For all professional inquiries (partnerships, media, contract proposals), the Company can only be contacted by email at contact@https://www.google.com/search?q=ortholombaire.com .

Article 4 – Order Placement and Purchase Process Description The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier. The photos on the Website are not contractual and may differ significantly from the actual products. These variations are due to the settings of different screens and cameras, product lighting, the angle of the photograph, etc. The term "Shopping Cart" is defined below as the virtual container holding all the Products or Services selected by the Website Customer for purchase after clicking on them. To place an order, the Customer selects the Product(s) they wish to order by adding them to their "Shopping Cart," the contents of which can be modified at any time. The Customer places the Order via the Website: the Customer registers and confirms the Order on the Website. To place an order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "add to Cart" button. On the "Cart" page, the Customer can review the details of their order and correct any errors before confirming it. On the "Information" page, the Customer must enter their contact information. They can choose to receive order tracking updates by email by checking the required box. On the "Delivery" page, the Customer must select their preferred shipping method from the available options. On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer can also enter a promotional code if they have one. A complete order summary is then displayed. The Customer can modify all order details before finalizing the order. The Customer is responsible for any errors they may make regarding the order, the Products, and their contact information. The sale is validly concluded when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to their chosen method, subject to the exercise of the right of withdrawal. The Order validation date corresponds to the date of receipt of full payment of the total price including VAT.

Article 5 – Prices and Payment Terms Unless otherwise stated, the prices listed in the catalog are in Euros, inclusive of all taxes (VAT included), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs. Ortholombaire reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only price applicable to the Customer. The Customer can place an order on this Site and can pay by Credit Card, Bancontact, Apple Pay, or PayPal. Credit card payments are made through secure transactions provided by an online payment platform provider. This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" section of these Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, who may provide proof thereof by any means. Product availability is indicated on the Website, in the description of each Product. Ortholombaire will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between them.

Article 6 – Deliveries Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery restrictions; orders can be shipped worldwide. The delivery times indicated at the time of ordering are for informational purposes only and remain subject to potential delays by postal services or other exceptional circumstances preventing delivery (demonstrations, inclement weather, etc.). In the event of delivery of a Product outside the territory of the European Union and to French overseas departments and territories (DOM-TOM), the Customer declares themselves to be the importer of the Product and accepts that in such cases the Seller may be unable to provide them with accurate information on the total amount of fees related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested. Unless otherwise stated on the Website during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer. For hand-delivered deliveries, the customer may refuse a package upon delivery if they notice any anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. For deliveries to a mailbox, the customer undertakes to immediately check the package and contact Ortholombaire support if they notice any anomaly. If the Customer fails to comply with these requirements, they will not be able to exercise their right of refusal, and the Seller will not be obligated to grant the Customer's request to exercise this right. If the Customer's package is returned to the Seller by the postal service or other delivery providers, the Seller will contact the Customer upon receipt of the returned package to inquire about how they wish to proceed with their order. If the Customer refused the package in error, they may request reshipment after first paying the postage costs for the new shipment. Postage costs must be paid even for orders that initially received free shipping. In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Customer is a Consumer and the contract for the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer's negligence or misuse shall not be attributable to the Seller. Any delivery delay beyond the date or timeframe indicated to the Consumer Customer at the time of their order, or, if no date or timeframe was indicated at the time of the order, any delay exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the Consumer Customer's initiative, upon written request by registered letter with acknowledgment of receipt, if, after having formally requested the Seller to make the delivery, the Seller has failed to do so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause shall not apply if the delivery delay is due to a case of force majeure. In the specific case of a package whose tracking number indicates it has been "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating "delivered," customer service may request additional information and an official document from the postal service (La Poste) addressing their claim regarding the corresponding tracking number. The Seller will then make every effort to ensure the Customer's satisfaction, including offering immediate reshipment of the products at their own expense.

Article 7 – Right of Withdrawal and Withdrawal Form The Consumer Customer has fourteen (14) business days from the date of receipt of the product ordered to withdraw from the contract. They must return any product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of Ortholombaire 's receipt of the refund request. The product must be returned in perfect condition, in its original packaging, and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to Ortholombaire . It is understood that the Customer will bear the return shipping costs in the event of withdrawal. The Customer is advised to return the product using a trackable shipping method. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to locate it. The refund will be issued using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using a different payment method, and provided that the refund does not incur any costs for the Customer. The Seller also reserves the right to postpone the refund until the Product is received or until the Customer provides proof of shipment, if such proof has not already been provided. The Customer may be held liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s). In accordance with Article L121-17 of the French Consumer Code (the "Hamon Law") of June 2014, Consumer Customers can find a standard withdrawal form for orders placed on the website below:

Cancellation Form (Please complete and return this form only if you wish to cancel the contract.) To: Ortholombaire I/We ( ) hereby notify you of my/our (*) cancellation of the contract for the sale of the following goods: Order number: Name / Surname: Telephone number: Email address: Postal address: Reason for cancellation:

  • Exchange* (please specify the desired product)

  • Reimbursement* (attach a complete bank statement with IBAN and BIC mentioned) Signature of the Client(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.

Article 8 – Product Warranty Legal provisions to be reproduced: The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. The consumer may choose to invoke the guarantee against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any guarantee. In the event of an invocation of this guarantee, the buyer has the choice between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. They have two years from the discovery of the defect to make this claim. The postponement, suspension, or interruption of the statute of limitations cannot extend the limitation period beyond twenty years from the date the right arose, in accordance with Article 2232 of the French Civil Code. All items purchased on this website benefit from the following legal guarantees, as provided for by the French Civil Code; Legal Guarantee of Conformity: The Seller is obligated to deliver goods that conform to the contract concluded with the Consumer Client and is liable for any lack of conformity existing at the time of delivery. The guarantee of conformity may be invoked if a defect exists on the day the Product is taken into possession. However, it is the Client's responsibility to prove that the defect existed at the time of taking possession of the Product. “In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse the buyer's choice if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer.” Legal Guarantee Against Hidden Defects: In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If an exchange is not possible (obsolete product, out of stock, etc.), the Customer will be refunded the amount of their order by check or bank transfer. The costs of the exchange or refund process (including return shipping costs) will then be borne by the Seller.

Article 9 – Liability Ortholombaire shall not be held liable for the non-performance of the contract due to a force majeure event. Regarding the Products purchased, the Seller shall not be liable for any indirect damages arising from this agreement, including but not limited to loss of business, loss of profits, damages, or expenses. The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, shall not give rise to any compensation, reimbursement, or liability on the part of the Seller, except in the case of a proven latent defect, non-conformity, malfunction, or the exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer Customer and the contract for the purchase of the Product or Service allows for withdrawal, in accordance with Article L 121-21 of the French Consumer Code. The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Ortholombaire shall under no circumstances be held liable:

  • for any direct or indirect damage, including but not limited to loss of profits, loss of earnings, loss of customers, loss of data, which may result from the use of the Site, or conversely from the impossibility of its use;

  • due to a malfunction, unavailability of access, misuse, incorrect configuration of the Client's computer, or the use of a browser not commonly used by the Client;

  • The Seller is not responsible for the content of advertisements and other external links or sources accessible by Customers from the Site. Therefore, the Seller cannot be held liable if the characteristics of the Products differ from the images displayed on the Site, or if these images are incorrect or incomplete.

Article 10 – Force Majeure In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered force majeure or fortuitous events, insofar as their occurrence renders the performance of obligations entirely impossible. The occurrence of a force majeure event shall automatically suspend the performance of the Order. If, after a period of ninety (90) calendar days, the parties determine that the force majeure event persists, the Order may be cancelled by either party, and the sales contract terminated. To this end, the party acting most diligently must send the other party a registered letter with acknowledgment of receipt terminating said sales contract. The effective date of the termination shall be the date of first presentation of the letter. In this scenario, neither party will be entitled to compensation, unless both parties agree otherwise.

Article 11 – Intellectual Property Rights All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners. All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the Company's express written consent. In all cases, any link, even if tacitly authorized, must be removed upon simple request from the Company. Only use of the Site for private purposes is authorized, subject to any different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained. Any reproduction, representation, or adaptation of the logos, text, images, or videos, without limitation, is strictly prohibited and constitutes infringement. Any Customer found guilty of infringement may have their account deleted without notice or compensation, and such deletion shall not be considered a loss or damage to the Customer. This is without prejudice to any subsequent legal action that may be taken against them by the Seller or its representative. The trademarks and logos contained on the Site may be registered by Ortholombaire , or possibly by one of its partners. Any person who represents, reproduces, incorporates, distributes, or redistributes them is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of Personal Data The Company collects Customer data: a) to process and track the Customer's Order on its Website; (and/or) b) to contact you regarding various events related to the Company, including product updates and customer relationship management; (and/or) c) to collect information that allows us to improve the Website and our Products (in particular through the use of cookies). The data collected is processed by the Website's contracted service providers responsible for packaging and distributing the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall. The collected data is retained by the Company only for the time necessary to fulfill the purposes of the above-mentioned collection, which shall not, under any circumstances, exceed five (5) years. In accordance with Law No. 2018-493 of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete, or object to the processing of their data for legitimate reasons. The Client may exercise these rights by email to contact@https://www.google.com/search?q=ortholombaire.com .

Article 13 – User Comments and Other Submissions If the Customer sends ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the Customer sends. The Company is not and shall not be obligated (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments. The Company may monitor, edit, or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise criminally objectionable, or that infringes any intellectual property rights or these Terms and Conditions of Sale. The Customer agrees to write comments that do not infringe upon the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. The Customer agrees not to write any unlawful, defamatory, offensive, or obscene content in their comments, and that they will not contain any computer viruses or other malware that could affect the operation of the Site or other related websites. The Customer agrees not to use a false email address, impersonate someone else, or otherwise mislead the Company and/or third parties as to the origin of their comments. The Customer is solely responsible for their posted comments and their accuracy. The Company assumes no liability and disclaims all responsibility for comments posted by the Customer or any third party.

Article 14 – Severability If any provision of these Terms and Conditions is held to be illegal, void, or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions supersede all prior or contemporaneous agreements, whether written or oral. These Terms and Conditions are not assignable, transferable, or sublicensable by the Customer. A printed version of these Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to these Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions must be in French.

Article 15 – Applicable Law and Mediation These General Terms and Conditions of Sale are governed by French law. The Website reserves the right to take legal action against any attempt at fraudulent purchase or purchase using a prohibited, blocked, stolen, or falsified bank card. In this context, no attempt at amicable settlement will be accepted. The invalidity or unenforceability of any clause of these General Terms and Conditions of Sale shall not affect the validity of the other provisions and shall not release the Customer from the performance of their contractual obligations. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from any and all claims or demands, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of these Terms, or your breach of any acknowledgments, agreements, representations, warranties, and obligations hereunder. Any domestic or cross-border disputes arising out of or relating to the validity, interpretation, performance, non-performance, interruption, or termination of this Agreement may be submitted to mediation at the Client's request. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage The mediator, accredited by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers. The European Commission website describes the mediation process used and allows Customers to submit a mediation request online, along with supporting documents. The dispute cannot be examined by the Mediator if:

  • The Client has not provided evidence of having previously attempted to resolve their dispute directly with the Company through a written complaint.

  • The request is clearly unfounded or abusive.

  • The dispute has been previously examined or is currently being examined by another mediator or by a court.

  • The consumer submitted their request to the mediator more than one year after their written complaint to the Company.

  • The dispute falls outside its jurisdiction. Mediation is free for the Client. If the Client, at any stage of the mediation, resorts to a lawyer, a third party of their choice, or an expert to represent them, they will bear all associated costs. The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome. Participation in mediation does not preclude the possibility of legal action. The parties remain free to submit their dispute to a judge in accordance with applicable legal provisions. In the event of litigation before a judge, jurisdiction is granted to the competent French court . The Website reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked credit card, or with a stolen or forged check. In this context, no attempt at amicable settlement will be accepted. The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from the performance of its contractual obligations.

Parts Warranty: The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes malfunctions caused by external factors. Under these conditions, the seller agrees to replace the defective part.