TERMS AND CONDITIONS

TERMS AND CONDITIONS:

These terms and conditions apply exclusively between ŒMYRION, 18, rue de Lachat, 74940 Annecy-Le-Vieux, France, registered with the Annecy Trade and Companies Register under number 819 062 894, publisher of the website www.oemyrion.fr (hereinafter referred to as "the Site"). Hereinafter referred to as "OEMYRION".

AND

The natural or legal person visiting or purchasing products or services presented by ŒMYRION on its Site. Hereinafter, "the Customer".

OBJECT

Any order of a good or service placed with ŒMYRION implies the unconditional acceptance of these conditions, whether the Customer is a consumer or a professional. These general conditions may be modified at any time and without notice by ŒMYRION, the applicable conditions being those in force on the date of the order by the Customer. ŒMYRION can be reached by e-mail via the contact form. le formulaire de contact.

GOODS AND SERVICES OFFERED

The products and services offered for sale are listed on the ŒMYRION website and include a description. The description of the products and services is as accurate as possible, but elements such as photographs illustrating the catalogue cannot guarantee an exact match with the product purchased, particularly with regard to colors. These products and services are valid within the limits of available stocks.

CUSTOMER’S OBLIGATIONS

The Customer declares that he/she is of legal age and has the legal capacity or parental authorization to place an order on the Site. The Customer undertakes to provide ŒMYRION with all real and valid information requested from them online and that this same information is not false, inaccurate or illegal.

ORDERS

The validation of the order by the Customer implies acceptance of the terms and conditions. Any order implies irrevocable acceptance of the prices and descriptions of the products available for sale. Any order will only be validated after the payment has been accepted. ŒMYRION reserves the right not to confirm an order if ŒMYRION considers that there is a risk in the payment of the order or in its delivery to the address indicated, if the quantities ordered are too high and in the event of a dispute with the Customer on a previous order. Once the order has been placed, ŒMYRION sends the Customer an order confirmation email.
In the event of unavailability of a product after placing the order, ŒMYRION will inform the Customer by email as soon as possible. The customer will then be able to either exchange the unavailable item, or cancel their order and be refunded, if necessary, the amounts already paid.

PRICE

The prices displayed on the Site are indicated in euros (€) including VAT (all taxes included) taking into account the French VAT rate applicable on the day of the order. ŒMYRION reserves the right to modify its prices at any time and without notice. Products and services will be invoiced according to the rates in effect at the time the order is placed.

DUTY AND TAXES

The prices displayed on the Site are indicated in euros (€) including VAT (all taxes included) taking into account the French VAT rate applicable on the day of the order. ŒMYRION reserves the right to modify its prices at any time and without notice. Products and services will be invoiced according to the rates in effect at the time the order is placed.

DELIVERY

Orders are delivered via Colissimo. Deliveries are sent to the address indicated on the order form. The Customer must ensure that they provide accurate and complete information regarding the delivery address. In the event of a delivery delay exceeding 7 business days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of their order.
If the product has been shipped before receiving the cancellation of the order for a delivery delay of more than 7 days, ŒMYRION will refund the product and the shipping and return costs upon reception, in its entirety and original condition.
The risks are borne by the purchaser from the moment the products leave ŒMYRION's premises.

PAYEMENT

The payment of the order is due in full at the time of the order. Payments will be made by Credit Card, PayPal, check or bank transfer.

RETRACTATION

The Customer, natural and non-professional person, has a period of 14 working days from the reception of the order to ask ŒMYRION to return the product for an exchange or a refund. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e. g. letter sent by post, fax or e-mail).
In the event of your withdrawal from this contract, we will refund you for all payments received from you, including delivery charges (except for additional charges arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than 14 days from the day on which we receive your order..
Only the return shipping costs will be charged to you, except for mainland France.
We will refund you using the same payment method you used for the original transaction.
Requests for exchange and refund will only be accepted if the products are returned new, unworn, unwashed, with the labels unremoved and in their original packaging.

WARRANTIES AND LIABILITY

All products supplied by ŒMYRION benefit from the legal guarantee of conformity (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return defective or non-conforming Products.
You have a two-year period from the date of delivery of the Product to act pursuant to the legal guarantee of conformity.
In this case, you will be able to choose between repairing and replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.
In addition, You may decide to exercise the guarantee against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code. In this case, You will be able to choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. - Article L217-4 of the Consumer Code: The seller must supply goods that are in compliance with the contract and must take responsibility for defects existing when the item is supplied. It is also responsible for defects resulting from the packing, assembly or installation instructions where it is made responsible for them by the contract or where it is responsible for having them performed.”
- Article L217-5 of the Consumer Code: In order to comply with the contract, goods must:
1. Be suitable for the purpose usually associated with such a product and, where applicable:
– match the description given by the seller and have the qualities that the seller presented to the purchaser in samples or models;
– have the qualities a purchaser is legitimately entitled to expect given the public declarations made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2. Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use required by the purchaser and brought to the seller’s attention and accepted by the seller.”
- Article L217-12 Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied.
- Article L217-16 of the Consumer Code: When the buyer requests that the seller, within the course of the commercial warranty granted to it during acquisition or repair of personal property, carry out a repair as covered under the warranty, immobilization periods of at least seven days will be added to the duration of the remaining warranty. This period runs from when the buyer requests intervention or from the provision for repair of the item in question, if this provision comes after the request for intervention.
- Article 1641 of the Civil Code: The guarantee is binding on the seller for latent defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had it been aware of them. - Article 1648 al 1 of the Civil Code: Where a defect renders an item useless, the purchaser must initiate proceedings within two years of discovering the defect.
ŒMYRION is only bound by an obligation of means in the e-commerce process. ŒMYRION cannot be held liable for any damage relating to the use of the Internet network, in particular a disruption in the service, the presence of computer viruses or external intrusions or, more generally, any case qualified as force majeure by the courts.

INTELLECTUAL PROPERTY

All Content is protected by copyright. Any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the site and for any reason whatsoever is strictly prohibited without the express written permission of ŒMYRION.

PERSONAL DATA

In accordance with the law of 6 January 1978 amended by the law of 6 August 2004, the Customer has the right to access and rectify personal data concerning them contained in ŒMYRION's files. The Customer's personal information is used exclusively for the purposes of the proper functioning of the site and its improvement. As a result, information concerning them may be communicated to ŒMYRION's technical service providers. The site is subject to a declaration to the CNIL (Commission Nationale Informatique et Libertés), under number 2146050 v 0.

GIFT CARDS

Gift cards can only be purchased and used on the ŒMYRION Website at the following address: www.oemyrion.fr.
The gift cards available for sale are digital gift cards. They can be printed at home or sent by email on a given date to the beneficiary.
Several gift card models are available and it is possible to attach a personalized message. ŒMYRION declines any responsibility for the content of your personalized message.
Gift cards can be purchased for a value in Euro (€) only, with a minimum of 30€ and a maximum of 200€.
The gift card is valid for a period of 12 months from the date of purchase. At the end of this 12-month period, the remaining balance will be cancelled and will not be refunded in any form whatsoever.
The gift card cannot be exchanged. It is forbidden to resell a ŒMYRION gift card to a third party. A gift card cannot be used to purchase another gift card.
Only one gift card can be used per order.

DISPUTE RESOLUTION

These terms and conditions are subject to French law with regard to both substantive and procedural laws. Any dispute must be the subject of a prior attempt at amicable settlement.
Failing this, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or collateral.


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