TERMS AND CONDITIONS OF SALE

SELLER DESIGNATION

The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are entered into between ODOCA SAS with a capital of €35,000, registered in the Aix en Provence Trade and Companies Register under number 920297405, and any person who has made a purchase from the www.nuence.fr website, hereinafter referred to as "the Customer".

OBJECT AND FIELD OF APPLICATION

The present General Terms and Conditions of Sale (the "GTCS") define the rights and obligations of ODOCA SAS and of consumers in the context of the use of the www.nuence.fr website and the online ordering of Products from ODOCA SAS.

The GTC determine all the steps necessary to complete an Order and ensure the follow-up of this Order between the Parties.

The GTC are available to all Users at any time from the Site.

By accessing the Site, Users acknowledge that they have read and understood the GCS by checking the appropriate box.

Any Order implies consultation and acceptance of the GCS.

ODOCA SAS reserves the right to modify the GCS at any time. The applicable GCS are those accepted by the Buyer when placing the Order. The GCS apply to the exclusion of any other document.

The nullity or temporary or permanent inapplicability of one or more clauses of the GTCS does not entail the seller's waiver of the other clauses of the GTCS.

PRODUCTS

The Products offered for sale are those which appear on the site and which may be ordered, unless exceptional unavailability or right of withdrawal exercised by ODOCA SAS.
The products offered by Odoca SAS on the www.nuence.fr website are described in terms of their essential characteristics, in accordance with article L. 111-1 of the French Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

Odoca SAS provides the consumer with all the information necessary for proper use of the products.

The information provided in no way represents medical information.

In the event of exceptional unavailability of the Product(s) ordered, ODOCA SAS will inform the Buyer as soon as possible and the Buyer may modify his/her choice or cancel the Order. In all cases, ODOCA SAS may offer the Buyer a Product of equivalent quality and price.
The Buyer may contact ODOCA SAS by e-mail at the following address: contact@nuence.fr

It is specified that the Products are intended for the personal use of the User, who undertakes not to use them for professional purposes.

PRICES

The prices of the Products are indicated in euros, all taxes included, excluding delivery and transport costs specified to the User at the time of final validation of the order.

Products will be invoiced on the basis of the price list in force at the time of Order confirmation.

ODOCA SAS reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.



ORDER

The User may select the Products of his/her choice, provided that they are available for sale online, and the quantity desired.

To add a Product to the shopping basket, the User must select the Product and the desired number, and click on the "add to basket" button.

Each new addition to the basket will be indicated on the Site by the appearance of the basket and the number of items in the basket.

At any time, the User may consult the summary of the Product(s) selected and in his or her basket, continue the selection by continuing shopping from the site, or complete the order by proceeding to payment.

For more information about the personal data processed by ODOCA SAS when placing an Order and, more generally, when using the Site, the User is invited to consult the privacy policy.

PAYMENT

Before finalizing the Order and paying, the User will be directed to a page of the Site allowing him to consult the details of the Product(s) selected, which he will be able to modify.

The User must validate his/her basket, then enter his/her contact details and delivery information, and choose his/her delivery method.

Before payment, the User must validate the General Terms and Conditions of Sale.

Payment for the Order may be made by credit card. In this case, the User must enter his/her card number, the expiry date, the cardholder's name and the visual cryptogram. Payment by credit card is secured by 3D Secure technology.

The Order will only be processed by ODOCA SAS once payment has been made by the Buyer.

An e-mail acknowledging receipt of the order and payment will be sent by the seller as soon as possible.

Order confirmation by ODOCA SAS

A summary will also be sent to the Buyer in a confirmation email, setting out all the elements of the sales contract between the Parties.

The seller reserves the right to refuse or delay the processing of an order if it suspects any form of fraud.

Furthermore, it is specified that ownership of the Products will only be transferred to the Buyer upon full payment of the invoiced price, including delivery charges.

This information constitutes proof of the nature, content and date of the order placed by the Buyer and is deemed authentic, which the Buyer expressly accepts.

DELIVERY

The Site enables Products to be ordered for delivery to mainland France, including Corsica, the French Overseas Departments and Regions, the Principality of Monaco and all the countries in the world listed in the appendix except the following: the Svalbard archipelago, Bonaire, China, Denmark, Finland, Bouvet Island, Jan Mayen Island, Indonesia, Netherlands, Norway, Russia, Sweden, Ukraine and the United States.

The purchaser can choose, before validating his order, if he wishes to be delivered in standard mode or in express mode. Delivery times by country are given in the appendix.) For certain countries, the buyer may also opt for delivery to a relay point.

Orders paid for by credit card are prepared the same day (if orders are placed on working days) if they are registered before 1 p.m. CET, otherwise on the next working day. Express and standard orders are given priority over relay orders.

Orders are then sent by the usual transport services selected by ODOCA's logistics provider, and in particular by the "Colissimo suivi" service, under which La Poste undertakes to deliver within 48 hours.

The Products ordered by the Buyer will be delivered to the address of the relay point selected by the Buyer or to the Buyer's personal address given when the Order is placed. The Buyer undertakes to make every effort to ensure that the parcel is delivered (name visible on letterbox, key code, telephone number). If the recipient of the Products is absent, the delivery person will leave a delivery notice in the recipient's letterbox, allowing the recipient to collect the parcel within fifteen (15) days during working hours at the post office.

In the event of late delivery, the Buyer must report the delay as soon as possible to ODOCA SAS customer service, by e-mail to contact@nuence.fr, or by post to ODOCA SAS, address to be determined. ODOCA SAS will contact its logistics provider so that an investigation can be carried out.

Upon receipt of the Products ordered, the Buyer must check the conformity of the Products delivered. Any anomaly concerning the delivery (missing or broken Product, damaged parcel, etc.) must be reported by the Buyer to ODOCA SAS customer service, by e-mail to contact@nuence.fr or by post to ODOCA SAS, address to be defined, with a view to replacing the Product.

ODOCA SAS will not be held responsible in the event of loss, shipment to the wrong address or late delivery of a Product, providing proof that this delay or loss is attributable to the Buyer, to the unforeseeable and insurmountable act of a third party or in the event of force majeure, as provided for in article L. 221-15 of the French Consumer Code.

RIGHT OF WITHDRAWAL

The Buyer has a period of fourteen (14) working days to return, at his or her own expense, the Product(s) he or she has ordered if he or she is not satisfied with them. This period runs from the date of delivery of the Order.

To exercise the right of withdrawal, the Buyer may contact ODOCA SAS by email, at contact@nuence.fr, or by using the contact form available on the Site. A return label will be generated by the ODOCA teams and sent to the Buyer to enable him/her to make the return.

The Product(s) will be returned in their original packaging and condition.

The Products must not have been unsealed. The Buyer is informed that the right of withdrawal is excluded for products that have been opened and cannot be returned for reasons of hygiene or health protection (article L.221-28 of the French Consumer Code).

If the aforementioned conditions are met, ODOCA SAS will reimburse the Buyer, within fourteen (14) days of the Buyer's retraction or receipt of the Products, the sums corresponding to the Products acquired by the Buyer.

It should be noted, however, that ODOCA SAS is responsible for shipping costs in the event that the decision to return is the result of an error on the part of ODOCA SAS (non-conforming Product(s)).

FORCE MAJEURE

Neither Party shall be liable for the total or partial non-performance of its obligations under the GCS, if such non-performance is caused by an event constituting force majeure, as defined by article 1218 of the French Civil Code. The Party invoking an event constituting force majeure must notify the other Party within five working days of the occurrence or threat of such event. The Parties agree that they shall consult each other as soon as possible in order to determine together how the order will be carried out during the period of force majeure.

After a period of one (1) month of interruption due to force majeure, ODOCA SAS may not honor the order, and will reimburse the Buyer where applicable.



PROCESSING OF PERSONAL DATA

ODOCA SAS processes consumer information in accordance with its Privacy Policy.

DISPUTE RESOLUTION

ODOCA SAS cannot be held responsible for any damage resulting from improper use of its products. Precautions for use and storage conditions are mentioned on the product packaging.

If you have any queries, please contact ODOCA SAS at contact@nuence.fr



INTELLECTUAL PROPERTY

The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of ODOCA SAS.

Any reproduction or representation, in whole or in part, of the Site, or of any of its elements, on any medium whatsoever, for any other purpose, and in particular for commercial purposes, is expressly forbidden.

ODOCA SAS has no control over the content, advertising, products or services available on or from sites linked to its Site.

APPLICABLE LAW - JURISDICTION - DISPUTE

The GCS are governed by French law.