Terms of Sales
Last update: September 1, 2022.
These General Conditions (hereinafter the " General Conditions ") govern the conditions of use of our website and the way in which we will deliver to you, our very dear customer, the products you have ordered. .
Please read the Terms and Conditions carefully before ordering or browsing our website as they contain important information. If you think these conditions are incorrect, please contact us.
1. TERMS AND DEFINITIONS.
1.1 - By browsing our website or placing an order, you agree to be bound by the General Conditions detailed below. If you do not wish to be bound by these Terms, you may not be able to use or access the Website.
1.2 - We particularly draw your attention to Section 12 (Prices and terms of payment), Section 14 (Limitation of liability) and Section 15 (Compensation).
2. WHO ARE WE?
2.1 - We are OneGum France, SAS with a capital of 57,070 euros registered with the RCS of Paris n° 794 890 038. Our head office is located at 43 Rue de la Roquette - 75011 Paris, FRANCE.
3. HOW TO CONTACT US?
4. YOUR REGISTRATION.
4.1 - You warrant that all personal data provided when creating your account is true, accurate, up-to-date and complete in all respects; and you agree to notify us immediately of any changes to your information by updating your account details online.
4.2 - You agree not to impersonate another person or entity and not to use a false name or a name that you are not authorized to use.
5. YOUR ORDER
5.1 - Please select the country of delivery and the desired currency during checkout before browsing to ensure that the information displayed on your screen is correct.
5.2 - To order on our website, you will need to click on the "Confirm order" button at the end of the ordering process. A series of instructions will guide you through your purchase process.
5.3 - Before proceeding to payment, you will have the opportunity to check the contents of your order as well as the country of delivery and you will be able to make changes before proceeding to payment.
5.4 - You will receive a confirmation email detailing the products you have ordered. This email does not constitute acceptance of your order. This acceptance will take place when the products ordered are dispatched.
5.5 - If we are unable to fulfill your order, we will notify you in writing and will not charge you for the product. If we have already debited the amount of the order before the non-acceptance of your order then we will reimburse you. We draw your attention to the fact that a period of 7 (seven) days is sometimes necessary for the bank to transfer the funds. Non-acceptance of the order may result from:
(a) the desired product is no longer in stock;
(b) your payment has not been authorized;
(c) due to unexpected resource limitations that we were unable to anticipate;
(d) an error in the price or description of the product.
5.6 - We assign a number to your order. The reminder of this number will be useful to us each time you contact us about your order.
5.7 - The contract will be concluded in French.
6. CHANGING YOUR ORDER
6.1 - If the products ordered have already left our warehouses to be delivered to you, we will not be able to add or remove a product from your order. If you wish to add other products, it will be necessary to place a new order.
6.2 - If you need to change the information relating to the delivery address of your order, please contact our customer service. Please prepare the order number and date.
7. OUR PRODUCTS
7.1 - All orders are subject to acceptance and product availability, which may vary depending on the country of delivery.
7.2 - Each product purchased complies with its description. We will take all necessary care to ensure that the details, descriptions and prices of the products displayed on the website are correct. However, we cannot guarantee the accuracy of the website.
7.3 Product images displayed on our website are for illustrative purposes only. Your product and its packaging may be slightly different from the advertising photos displayed on the website, in particular due to your terminal and its display of colors.
7.4 If you have any questions or complaints about any product, please contact our customer service by writing to email@example.com .
8.1 The list of countries for which delivery is available will be displayed when confirming your order. Delivery times may vary depending on the destination and will be confirmed to you once the product has been shipped.
8.2 It is your responsibility to provide us with complete and accurate delivery information. We will not be liable for any inaccurate or incomplete information provided.
8.3 - We draw your attention to the fact that if you choose to use the personalized services offered by our delivery partners (including, but not limited to, the delivery of your package to a neighbor or its deposit in a safe place ) we cannot be held responsible for any loss, damage or late delivery of your items.
8.4 - The cost of delivery will be displayed on our website before finalizing your order. Please carefully check these costs, you agree to the payment of these costs at the time of validation of your order.
8.5 - When the products leave our warehouses, we will send you a shipping confirmation email. We draw your attention to the fact that the products may arrive in separate packages and may require your signature.
9 - RIGHT OF WITHDRAWAL AND CANCELLATION
9.1 - When you buy products online, you have a right of withdrawal detailed below. If you reside in the EU and UK, you have these rights under the EU Consumer Rights Directive 83/2011 and the EU Consumer Contracts Regulations 2013 and Article L.121-21 of the Consumer Code. This right of withdrawal and cancellation does not take effect when it comes to the purchase of food products.
9.2 - You may at your discretion cancel your contract within 14 (fourteen) days of receipt by you, or by the person you have designated with the delivery service provider, of the products ordered (or, in the case of an order involving several packages, from the receipt of the last package corresponding to this order). You can cancel your contract if you wish, provided you exercise your right no later than 14 (fourteen) days. Attention, does not take effect when it comes to a purchase of food products.
9.3 - To exercise this right of withdrawal, you must inform us One Gum France; 43 Rue de la Roquette - 75011 Paris, France; firstname.lastname@example.org by an unambiguous declaration (eg: a postal letter, a fax, or an e-mail) indicating to us that you wish to terminate the contract.
9.4 - In order to meet the deadlines for sending us your withdrawal, you only need to send the withdrawal form within the time limit.
9.6 - Lack of conformity: in the rare case where you receive damaged, defective or non-conforming products to their description, you can cancel the order and be refunded or request a replacement within 24 (twenty-four) months of receipt. by you, or by the person you have designated with the delivery service provider, of the products ordered (or, in the case of an order involving several packages, from the receipt of the last package corresponding to this order).
- We will refund you (in the same way as for the initial payment) within 30 (thirty) days of receipt of the returned products.
- The refund will be made in the currency used when ordering.
- We will reimburse you for the products, the delivery costs and the return costs.
- Please retain proof of postage for reimbursement.
How to proceed with the return?
If you wish to report a product as damaged, defective or not as described, please contact our customer service by writing to us at email@example.com.
10 - OUR ONLINE SHOP
10.1 - Our store is hosted by Shopify Inc. This service provider provides us with our e-commerce platform allowing us to sell products to you. Shopify Inc. will process your order request and payment. Please refer to Section 12 below for more information on payment terms. By placing an order on our website, you consent to Shopify Inc. processing your order.
10.2 - Your data will be retained under Shopify's data retention terms, database and application. Your data will be kept on our secure server using a firewall.
11 - DISCOUNT CODES
11.1 - You can only use one coupon at a time per order. We reserve the right to reject or cancel any order for which you add more than one discount code to the cart. We allow you to use discount codes subject to strict compliance with the terms of issue which may, among other things, include terms relating to your right to use them and the maximum order value.
12 - PRICE AND TERMS OF PAYMENT
12.1 - The price of the products (all taxes included "TTC") will be indicated in the email of receipt of your order that you will send to us once your online order has been placed. It is always possible, despite our best efforts, that the online price and VAT of certain products may not be correct.
12.2 - The prices on the website are displayed including VAT in Euros or any other currency that we may offer from time to time. The prices of the products displayed on the website may change from time to time.
12.3 - If you choose to pay with a payment card whose account is denominated in a currency different from that of your order, additional costs and exchange operations may apply.
12.4 - We accept all payment methods listed on our website.
12.5 - If you choose a direct payment system to make your purchase, then Shopify Inc. will store your credit card information. This information will be encrypted using the Payment Card Industry Data Security Standard (PCI-DSS). The data relating to your transaction will only be kept for the time necessary to complete your purchase. Once the transaction is complete, your purchase transaction data will be deleted. All direct payment systems adhere to the standards set by PCI-DSS, managed by the PCI Security Standards Council, cooperating with brands such as Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
12.6 - Full payment is due at the time of ordering and you will be charged when you press the "Checkout and Pay" button at the end of the ordering process.
13. PRODUCT RESTRICTIONS
13.1 - It may happen that due to restrictions (legal or otherwise) or practices relating to a product, we may not be able to deliver it to you. We cannot be held responsible for any product that we cannot sell or deliver to you because of these restrictions. In the event that a restriction is applied after you have placed your order on our website, we will do our best to notify you as soon as reasonably possible.
14.1 - In the event that we have failed to comply with the Terms and Conditions, we will be liable for any loss or damage you suffer which is the foreseeable result of your breach of this contract or our failure to reasonably enforce the care, and the necessary skills. We will not, however, be liable for any loss or damage that is not foreseeable.
14.2 - We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; in the event of fraud or fraudulent statements; in case of violation of your rights in relation to the products.
14.3 - Subject to clause 14.2, our liability in contract, tort (including without limitation any negligence), or pre-contractual or otherwise (apart from fraudulent or negligent misrepresentation) not relating to the Terms and Conditions shall not be engaged for:
a) any economic loss (including without limitation loss of revenue, profits, contracts, business or anticipated savings); Where
b) any loss of goodwill or reputation; Where
c) any special or consequential losses suffered or incurred by that party due to or in connection with the provisions of any matter relating to the Terms and Conditions.
14.4 - We only supply the products for domestic and private use. If you use the products for commercial, business or resale purposes, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.5 - Although we make reasonable efforts to verify the accuracy of any information published on our website, we cannot guarantee, express or implied, its accuracy. The website is provided "as is" and "as available" without any representation or endorsement and we make no warranties of any kind, express or implied, in relation to the website or any transaction that may be made. on or through the website, including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranties arising from the conduct business or usage or trade.
14.6 - We do not warrant that the website and our online store hosted by Shopify Inc. will meet your requirements or be uninterrupted, timely or error-free, that defects will be corrected, or that the site or server makes available are free of viruses or bugs or represent the entire functionality, accuracy and reliability of the website.
14.7 - Unfortunately, no data transmission over the Internet can be guaranteed to be completely secure. Although we strive to protect this information, we do not and cannot guarantee the security of any information you transmit to us. Accordingly, any information you transmit to us is at your own risk. Although we take all reasonable precautions, we do not guarantee that any data or information processed on our behalf by Shopify Inc. will be secure.
14.8 - In all cases permitted by applicable law, we disclaim all warranties of any kind, express or implied, in relation to the products. This does not affect your legal rights as a consumer, nor your rights of withdrawal.
14.9 - We reserve the right to suspend or withdraw all or part of the website at any time, without notice and without our liability being incurred.
15 - INDEMNIFICATION
15.1 - You agree to fully indemnify, discharge and hold harmless us, our affiliates and our officers, directors, employees and suppliers, immediately upon demand, from all claims, losses, costs and expenses, including including reasonable legal fees, arising out of any breach of the Terms and Conditions by you, or any other liability arising out of your use of this website or anyone else accessing the website using your personal information.
16 - PERSONAL DATA
16.1 - We take all possible care to keep your order and payment information secure, however in the absence of negligence on our part we cannot be held responsible for any loss suffered if a third party accesses unauthorized way to any personal information that you have communicated to us when accessing or ordering on our website.
17 - INTELLECTUAL PROPERTY
17.1 - You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all materials and content available on our website remain our property at all times.
17.2 - You acknowledge and accept that the media and content of the website are made available for your sole personal use and not for commercial use. Any other use of the media and content of the website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content (and not to aid or facilitate any third party in doing so) .
18 - THIRD-PARTY WEBSITES
18.1 - For the convenience of our customers, the website may include links to other websites or documents that are beyond our control. For your information, we are not responsible for these websites or content and we do not review or endorse them. We are not responsible, directly or indirectly, for the privacy practices or the content of these websites, or for any damages, losses or torts caused or alleged to be caused in connection with the use of or reliance on these advertisements. , content, products, media or services available on these websites or external resources.
18.2 - You must not establish links to our website to suggest any form of association, approval or endorsement on our part where such form does not exist. The website must not be integrated into any other site, and you may not create a link to any section of the website other than the home page.
19.1 - If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works , distribute and display such content worldwide in any medium. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we choose.
19.2 - You represent and warrant that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way ).
20 - DELAYS AND EVENTS BEYOND OUR CONTROL
20.1 - If the delay or failure results from a cause beyond our control. If delivery of the products is delayed by an event beyond our control, we will not be liable for any delays caused by the event.
21 - COMPLIANCE WITH LEGISLATION
21.1 - The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and for any transaction conducted on or through the website.
22 - AGE RESTRICTIONS
22.1 - By using this site, you represent that you are at least the age of majority in your country, state or region of residence.
23 - BREAK
23.1 - If any of the provisions of this contract are declared illegal, void of any cause or for any other reason declared inapplicable, this provision will be considered as being independent of the other conditions and will not affect the validity and applicability of the other provisions of the General Conditions.
24 - ENTIRE AGREEMENT
24.1 - The Terms and Conditions form the entire basis of any agreement entered into between you and us.
25 - APPLICABLE LAWS AND JURISDICTIONS
25.1 - The General Conditions have been established and are subject to French law and any dispute will fall under the jurisdiction of the French courts. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.
26 - THIRD-PARTY RIGHTS
26.1 - No one else has any rights under this contract. This contract is between you and us. No third party has the right to enforce any of its clauses.
27 - AMENDMENT
27.1 - We reserve the right to change the Terms and Conditions from time to time. Changes will not apply to orders placed before the changes become effective.