General Terms and Conditions of Sales
1. Scope of Application
General terms and conditions of sales (hereunder called ‘’GTCS’’) are applied to every legal act concluded on the online shop www.plasma-odevie.com (hereunder called ‘’OS’) managed by Õdevie Sàrl (hereunder called ‘’OD’’).
OD reserves the right to change its GTCS at any moment.
The GTCS version in effect during the purchase is decisive and cannot be unilaterally changed for this purchase.
The terms and conditions of the customers that contradict with the current GTCS or that derogate from it are not acknowledged.
The European law on online purchases is applied.
The offer is valid as long as the product can be found on the online shop through the search bar and/or within the limits of available stocks.
2.1 Product and price
Images and information that appear on ads, flyers, the online shop, etc. are similar to the sold products but are not obliging.
The price stated on the online shop during the purchase is decisive for the conclusion of contract.
Every sales price indicated on the online shop is the definitive price and includes all the VAT.
The shipping price are separately indicated and defined according to the delivery address.
OD retains the right to change the prices of the products and offered services at any moment.
2.2 Availability and delivery times
Delays in delivery can happen because of production or delivery issues.
It is the reason why every information concerning the availability and the delivery times of a product are given for reference and can change at any moment.
3. Conclusion of Contract
The price and product are indicated on the online shop and are considered as offers.
These offers are always subject to the resolutive condition of a delivery impossibility or to an incorrect indicated price.
For OD products and delivery, the contract is concluded with OD as soon as the customer finishes their order online, by phone or by e-mail.
In case of online purchase, the customer is automatically notified by e-mail once the order is received. Once the payment is received and the purchase is thus validated, OD will begin the preparation and shipping.
3.1 Impossibility of honoring
If a total or partial impossibility of delivery (resolutive condition) happens after the purchase, the customer is immediately notified by email.
If the purchase has already been paid, the amount will be refunded in the following ten days after receiving an IBAN.
If no payment has been done, the customer is free of any payment obligation.
4. Delivery times
Deliveries are done by external providers, at an access point or at home, according to the option you chose.
The delivery times are between 2 and 6 business days for access point delivery, and 1 between 1 and 5 business days for home delivery.
4.1 Delayed delivery
OD and its providers make all necessary effort to send the purchase in the 24 hours that follow the contract, under the condition that the product is available. OD will not be held responsible for delays in delivery once the purchase has been taken over by the delivery provider.
In case of delay, customers are entitled to withdraw from the contract after 30 days following the purchase.
In this case, OD will refund the paid amount to the customer. There is no other possibility of revendication towards OD.
5.1 Access point
As the delivery page stipulates, you will be notified by e-mail once the provider is taking charge of your package.
Once you receive the e-mail confirming your package’s arrival at its access point, you are required to collect it in the following week or to agree on a date with the access point management.
If the package remains uncollected for no valid reason and is sent back to OD, or is forwarded and thus causes additional fees, the customer will be invoiced. The item will remain OD’s property as long as the customer hasn’t paid these fees.
5.2 At home
If the customer chooses the ‘‘delivery at home’’ option, they are required to make sure that:
- the access to the indicated delivery place is possible and secured (the delivery address should easily be accessible by truck),
- the product can get through the accesses (stairs, doors, etc.),
- someone is at home on the date that was agreed with the deliverer.
If the product cannot be transported to the indicated address, the customer will have to take responsibility of the additional fees.
If the customer does not make sure to receive the product in the delivery times suggested by the provider, OD can terminate the contract (cancellation) and charge the customer for the delivery fees, and perhaps the eventual impairment losses.
6. Duty of customer
6.1 Control duties
It is the customer’s duty to check the product’s accuracy, integrity and state when they receive them.
If the delivery was done by a transport company, the eventual damages must be specified on the delivery note.
The eventual errors or damages must immediately be reported to OD. The customer can do it by themselves by emailing firstname.lastname@example.org with pictures of the package.
6.2 Duty of reception
It is the customer’s duty to take the product they purchased at the day and time they had planned with the help of the notification they had received in their order confirmation. The fees caused by non-reception (management or returned package) may be charged to the customer. If so, the merchandise will only be liberated when these fees are paid; without this, OD can cancel the contract, keep the merchandise and only refund the amount that was deducted from the delivery fees.
OD guarantees a product of quality that lasts until its expiry date.
If it is impossible to prepare and/or send the purchase, OD guarantees a refund under 10 days after receiving an IBAN.
If the received package does not correspond to the purchase (packaging, quantity, plasma type), customers can send it back and OD guarantees a 10-day refund of the terms and delivery fees after receiving the package in a good state and receiving an IBAN.
8. Liability and liability exclusion
Liability relies on legal provisions defined by law or the GTSC.
However, OD’s liability is never involved for:
- A light negligence, direct damages, indirect and/or consecutive to a third party delivery
- The loss of earning, unachieved savings as well as damages resulting to the delay of a delivery
- Every action or omission from OD auxiliaries, whether it is under contract or outside of any contract
- An inadequate or illicit storage, positioning or use of the product
- An incorrect application of the protocols, or an abusive or non-compliant use by customers or third parties
9.1 Methods of payment
Most of the time, OD uses direct payment such as:
- Stripe secured payment system (no banking information is transmitted to OD, Stripe simply confirms the payment to us)
- SEPA, an European bank transfer system that guarantees a good traceability to us)
Sometimes, OD can send a bill, but under certain conditions. For security reasons, OD does not accept payment by cheque or cash. Except in some cases, the bill payment starts the shipping of the products.
In case of payment by card or any other immediate payment, the debit occurs during the purchase.
9.2 Retention of title
The purchased products remain OD’s property until they are paid.
10. Returned merchandise
- Customers can freely cancel their purchase until the 10th day following the purchase.
- Customers must notify OD by email: email@example.com
- If the customer has received the package, they will have to send it back in good condition to the depot under their expense.
The products must be send back in their original package and must be packed in an adequate manner to avoid any damage. If a poor packaging causes damage, the cost will be reduced from the purchase refund.
- After a quality check on the returned merchandise, OD proceeds to a 10-day refund after receiving an IBAN.
- Damaged products are not taken back and will be charged to the customer in their integrality.
11. Other provisions
11.1 Unidentified returns
Returned packages that contain no information on who sent it and cannot be sent back (due to their lack of information) are kept by OD for 30 days before being eliminated.
11.2 Partial nullity
If certain conditions of the current GTCS proved to be null or void, the validity of other contract conditions is in no case changed.
11.3 Jurisdiction and applicable law
Every legal relation between OD and the customer are subject to Swiss law.
For any dispute concerning the sales contract with OD as its contracting party: the place of jurisdiction is Geneva.
11.4 Declaration concerning copyrights
Every right, especially the intellectual property of documents and visual identity or OD products, of these GTCS are reserved to OD.
Every reproduction, dissemination or other use is forbidden and can only be authorized by a written agreement by OD.
If this directive is not respected, OD retains the right to undertake legal proceedings.
Carouge, Geneva, May 2020