Terms Of Sales
These terms and conditions of sale are concluded on the one hand by the company O’Magma, SAS with the capital of 6000 € whose head office is located at 29 Boulevard Ferdinand Lesseps 13014 Marseille (France), registered with the Register of Commerce and Trade, Marseille under the number 833 154 057 00016 hereinafter called O’Magma, PLANTLEDSHOP site manager and, secondly, by any physical or legal person hereinafter referred to as “the buyer, wishing to make a purchase via the website PLANTLEDSHOP.
Article 1: object
The present conditions of sale aim at defining the contractual relations between O-Magma and the purchaser as well as the modalities applicable to any purchase made through the website PLANTLEDSHOP.
The acquisition of a product through the present site implies an unconditional acceptance by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order.
However, before any transaction, if it is a private buyer he declares:
– that the purchase of products on the site PLANTLEDSHOP is not directly related to a professional activity and is strictly limited to a personal use
– to have full legal capacity, allowing him to engage himself to these terms and conditions of sale.
The O’Magma company retains the possibility of modifying at any time these general conditions of sale in order to respect any new regulation or in order to improve the use of its site. Therefore, the conditions applicable will be those in force on the date of the order by the buyer.
Article 2: Products
The proposed products are those which appear on the site PLANTLEDSHOP of the company O’Magma, within the limit of available stocks. O’Magma reserves the right to modify the range of products at any time. Each product is presented on the website as a description of its main technical characteristics (capacity, use, composition …). The photographs are as faithful as possible but do not engage the Seller. The sale of the products presented on the PLANTLEDSHOP website is intended for buyers resident in countries that fully authorize the entry and use on their territory of these products.
Article 3: Fees
The prices appearing on the product sheets of the Internet catalog are prices expressed in Euros (€) all taxes included (TTC) taking into account the VAT applicable in France on the day of the order.
Any change in the rate of VAT may be passed on without prior notice on the price of products.
O-Magma reserves the right to change prices without notice, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order. In mainland France, for orders over or equal to 100 euros including VAT, the shipping costs are offered, for any order less than 100 euros, the shipping costs will be charged to the buyer.
The sums due are payable at the moment of order according to the terms specified in Art 4.
Article 4: Order and payment terms
Before any order, the buyer must create an account on the site PLANTLEDSHOP.
The account creation section can be accessed directly from the sidebar. Thereafter, at each visit to the site, the buyer, if he wishes to order or consult his account (order status, profile …), must identify himself using his login code and password .
When ordering products, the buyer will pay by credit card, via the secure payment system of NATIXIS SystemPay.
The buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references …), checks the delivery address or enters a new one. The shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the secure payment method of his choice: “Payment by Paypal or SystemPay”.
The next step is to check all information, read and accept these terms and conditions by ticking the appropriate box, he will then be requested to validate his order by clicking on the button “Confirm my order”. Finally, the buyer is redirected to the secure Paypal or SystemPay interface in order to securely enter his account credentials Paypal or Bank Card. If payment is accepted, the order is recorded and the contract is finally validated. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of the means of payment, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the payment in question has been proven fraudulently done, remotely and without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must contest, in writing, the debit from his bank, within 70 days of the transaction, or even 120 days if the contract with the bank provides for this. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written contestation formed by the holder. No costs of restitution of the sums can be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and renounce to his own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has indicated it on his order form, the company O’Magma will communicate to him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact the company O’Magma, he can do it either by post to the following address: O’Magma, 29 Boulevard Ferdinand de Lesseps 13014 Marseille, France or by email at the following address: firstname.lastname@example.org.
Article 5: Retention of ownership
The O’Magma Company retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Article 6: Retraction
Under Article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
Given the fragility of the product the return must imperatively be done in the original packaging.
Article 7: Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are delivered by La Poste via CHRONOPOST, delivery service with tracking, delivery against signature. Delivery times are only indicative. If they exceed thirty days from the order, the contract of sale may be terminated and the buyer refunded. The company O’Magma will be able to provide by email to the buyer the tracking number of his parcel. The buyer is delivered to his home by the carrier. In case of absence of the buyer, he will receive a notice of passage of the carrier which allows him to withdraw the products ordered at the nearest post office, for a period indicated by the postal services. Transport risks are the responsibility of the purchaser from the moment the items leave the premises of the company O’Magma. The buyer is obliged to check in the presence of the employee of La Poste or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8: Warranty
All products supplied by the company O’Magma benefit from the legal guarantee provided by articles 1641 and following of the French Civil Code. In case of non-compliance of a product sold, it may be returned to the company O’Magma who will exchange or refund.
In general, the O’Magma warranty is excluded if the defective operating defect results:
– intervention performed on the products by the buyer
– normal wear of the product
– misuse of the product, negligence or lack of maintenance on the part of the buyer,
– a case of force majeure.
The O’Magma guarantee is granted:
– subject to exploitation under normal conditions of use,
– provided that the buyer has followed the procedures referred to in the operating instructions,
All claims, requests for exchange or refund must be made in writing by post to the following address:
O’Magma 29 Boulevard Ferdinand de Lesseps 13014 Marseille, France within thirty days after delivery.
Article 9: Liability
In the process of distance selling, the company O’Magma is held only by an obligation of means. Liability can not be held liable for any damage resulting from the use of the Internet such as loss of data, intrusion, virus, service interruption, or other unintended problems.
Moreover, the company O-Magma disclaims all liability for any material or bodily injury resulting from improper use of the delivered products and more particularly from non-compliance with the safety instructions relating in particular to the mandatory wearing of personal protective equipment (Safety glasses …)
If O’Magma‘s liability is recognized as a default of the product ordered, the maximum amount of damages to which it could be sentenced is in any case limited to the price actually paid by the customer for the product concerned.
Under no circumstances will O’Magma or its suppliers be held liable for any indirect damage, such as loss of business, loss of data or any other financial loss resulting from the use or inability to use the product. even though O’Magma was warned of the possibility of such damages.
Any damage suffered by a third party is indirect damage, and therefore does not give rise to compensation.
Article 10: Use of O’Magma products
O’Magma products must be used by the buyer:
– in accordance with the stipulations of the present general conditions, as well as with the prescriptions and instructions of safety of use and of good functioning contained in the documentation delivered to the purchaser.
Thus, it is forbidden for the buyer to proceed with:
– any reproduction by any means of O’Magma products and their documentation
– any correction by himself or by third parties of possible anomalies of the product
– any direct or indirect supply of O’Magma products for the benefit of third parties, in particular by lease, assignment, loan …
– the adaptation, modification, transformation of O’Magma products for any reason, including the creation of a derivative or entirely new product, as well as any transcription, direct or indirect,
– Any translation into other languages of O’Magma products or their instructions for use without the prior written consent of O’Magma and any modification, even partial for the purpose, including use on any other use than the one that was the subject of the sale.
Article 11: Intellectual Property
All elements of the PLANTLEDSHOP website are and remain the exclusive and intellectual property of O’Magma Company. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site photo, logo, visual or text.
Article 12: Personal data
The company O’Magma undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. All information concerning him is subject to the provisions of the French Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about himself. He can make ta written request at any time by post to the following address: O’Magma, 29 Boulevard Ferdinand de Lesseps, 13014 Marseille, France.
Article 13: In case of litigation
These conditions of distance selling are subject to French law. For all disputes or litigation, and after an attempt to find an amicable solution, the competent court will be the Commercial Court of Marseille, France