General Terms of Sale
General Terms and Conditions of Sale (GTCS)
The purpose of the present General Terms and Conditions of Sale (GTCS) is to define the obligations of the parties and the terms of sale of goods available on the www.origeens.com website.
All purchases on the present website imply that the client, who may be an individual customer or a professional making a purchase for personal use, the company GEMYNO SAS, who operates under the Origeens brand, adheres without reserve to the present general terms and conditions of sale.
IMPORTANT: the present GTCS do not apply in the context of a contractual relationship which a professional client who wishes to distribute our products.
The present GTCS will prevail over all the other conditions which appear in any other document, other than by prior express written dispensation given by the seller.
They may be modified at any time. The terms and conditions which apply are those which are valid at time of registering an order.
If any one of the measures of the present GTCS is cancelled, in part or in full, the validity of the remaining measures is not affected.
The fact that one or the other of the parties does not demand the application of any clause of the present GTCS, or agrees to it not being fulfilled, whether this is temporary or permanent, cannot be interpreted as this party waiving the benefit of said clause.
Definitions
The words or expression below will have the following meaning in the context of the present GTCS:
On-line store: denotes the www.origeens.com website, on which the products are presented and sold to clients.
Order: refers to the sale contract agreed between SAS GEMYNO and the client of the “Origeens” online store.
Products: refers to all goods offered for sale by SAS GEMYNO on its on-line store.
Transaction: refers to all operations, secure processing, authorisations and agreements inherent to the payment of the price of the products purchased by the client and paid by bank card (via PayPal or Stripe).
The Order Process
When placing an order, the customer undertakes to provide accurate and full information.
The seller will not be held liable in any circumstances for errors made by the client when entering the contact details of the recipient of the order (e.g. delivery address, billing address) and delays in delivery or the impossibility of delivering the ordered Products that these errors could cause.
In order to be able to place an order on the present website, customers must create a customer account. Each customer may only have one customer account.
After registering, the customer will receive an email with their ID number and temporary password, which will allow them to access the website: the password can be changed the first time a customer logs in.
The login is confidential and should not be disclosed to third parties.
The seller may not under any circumstances be held liable for any loss, theft or fraudulent use of a customer account.
The customer must then follow and respect the order process in place on the website at the time of the order.
The data entered at the time of the order are automatically saved in the IT system, and are considered as proof of the nature, the content and the date of the Order.
The seller will confirm to the customer that he accepts the order by way of a conformation message sent to the email address provided. The sale will only be deemed to be completed when said order confirmation is sent.
The seller reserves the right to refuse or to cancel any customer Order, in particular in the case of insolvency of said customer, or in the event of the Order in question not being paid for, or in the event of a dispute with regard to payment of a previous order.
The date of the order is deemed to be the date of the confirmation of the order by the seller, sent by email to the customer, subject to the email address indicated in the registration form not containing any errors.
Before validating the order, the customer will see a summary page, which will resume the products selected, the references, quantities, unit prices and the price of the order. The customer agrees to check the exactitude of the selection before confirming and paying for the order.
Orders are then sent to our logistics partner, who prepares them and ships them within 2 working days in normal working conditions.
Products sold
All the details and the characteristics of the products which are sold on the website, and the photographs, illustrations, etc. are given for information purposes only.
Unless it is specified otherwise on the website, all the products sold are new and meet the European Community legislation in force and the norms which are applicable in France.
The products available are those which are shown as such on the site at the time of ordering, and while stocks last.
A product which is no longer available is shown as such. The seller agrees to honour orders subject to availability.
If a product is not available right away, the seller agrees to contact the client, by email, as soon as possible, to inform him of a delay to the delivery, a partial delivery, or the order being cancelled.
In the event of a partial delivery, the invoice for the order will be updated to reflect the products actually shipped.
The seller may remove any product from the website at any time.
Prices - Fees - Payment methods
The price applicable is the price indicated on the website on the day the client places an order. For each product, the prices are given in €, inclusive of all taxes. The rate of VAT applicable is the rate applicable on the day of the order.
Depending on the country, some products benefit from a reduced rate of VAT. The VAT rate applied varies according to the product and the country of delivery: it is calculated automatically according to the country of delivery.
It is expressly agreed by the parties that the delivery and transport fees are in addition to the prices indicated in each product sheet. The client is advised of these before the saving their order definitively, in the summary of the order and in the confirmation email for the order.
The prices shown include, if applicable, any discounts which the seller may give to the customer.
The seller retains the right to modify the prices and financial conditions at any time. However, he undertakes to invoice goods ordered with the conditions and at the prices indicated at the time of registering the order.
The price is payable in full on the day of shipping the order. The seller will not be obliged to deliver the products ordered if the price has not been settled in full in advance.
At the end of the order process, the payment methods accepted to pay for orders are bank cards (via PayPal or Stripe).
All payments will only be deemed definitive after the actual receipt of payment in full by the seller.
The seller does not cover fees related to payments from countries other than France.
Invoices
Invoices are sent to the client by electronic means or at the time of delivery.
Late payment
For individual customers
In the event of late payment, the sums due will generate interest at a rate equivalent to the legal interest rate applicable.
Late charges are incurred by rights from the day after the payment date which appears on the invoice, and are due without the need for a reminder or a formal demand.
For professional clients
For professional clients As per article L441-10 of the Commercial Code, in the event of late payment, the sums due may incur interest at a rate equivalent to the rate of interest used by the European Central Bank in its most recent refinancing operation, with an additional 10% charged.
Also, as per this article, a professional client who is late with regard to payment by rights must pay the creditor a fixed rate fee of 40 € for recovery fees. If the recovery fees are actually greater than the amount of this fixed rate fee, the creditor may ask for additional compensation, upon justification.
Late charges are incurred by rights from the day after the payment date which appears on the invoice, and are due without the need for a reminder or a formal demand.
For individual customers and professional clients
By express agreement between the parties, failure to pay any sum owed by the client to the seller incurs the payment, as part of a penal clause, of a fixed-rate payment of 20% of the total amount of sums due by the client, without prejudice to the set amount for professional clients and costs of proceedings.
In addition, the seller reserves the right to invoice any bank fees he may have had to pay die to the process required for recovering the sums which the client owes.
Likewise, the seller may delay further deliveries if the client does not pay the sums due as per the set terms and conditions.
Retention of ownership
The seller retains full and entire ownership of the products sold, until the payment in full of the price, in principal and additional charges.
The measures above do not stand in the way, at the time of delivery of the products, of the transfer to the client of the risks of loss, theft or deterioration of the products subject to ownership rights, as well as any damage they could cause.
Delivery - Transport - Receiving
Orders placed on the website can be delivered to the following geographical areas: -> Delivery
The shipping methods offered to the client are Colissimo and Mondial Relay, as per the terms of sale of each service-provider.
Deliveries to mainland France
Your order will be delivered by Colissimo (without the need for a signature) to your letterbox. The goods will be shipped within 2 working days of the order being registered under normal working conditions.
You will receive your order on average within 3 to 5 days (for information only).
Deliveries to Europe – Zones 1, 2, 3, 4
Your order will be delivered by Colissimo International (without the need for a signature) to your letterbox. The goods will be shipped within 2 working days of the order being registered under normal working conditions.
You will receive your order on average within 3 to 12 days (for information only).
After confirmation of the order and subject to payment in full for the products ordered at the time of placing the order, the seller undertakes to ship the products ordered to the delivery address provided by the customer, within 5 working days.
Deliveries to the United Kingdom – Zone 2+ 🆕
Since January 1, 2021, customs presentation fees of 4.9 € are automatically added to the amount of your order. The amount of the order cannot exceed 135 € (in order to avoid additional customs clearance costs of £ 12 payable by the customer).
Your order will be delivered by Colissimo International to your letterbox.
The goods will be shipped within 2 working days of the order being registered under normal working conditions.
You will receive your order on average within 7 to 12 days (for information only).
Delivery charges
In metropolitan France, delivery is free from 35€ TTC of purchase (except gift card)
For international deliveries, you can benefit from reduced or free delivery costs depending on the amount of your order (excluding gift cards), as indicated in the table below:
In the even where the customer would like Products to be delivered to two different addresses, they should place 2 separated orders.
The products are packed so as to meet the current transport norms, and to ensure maximum protection for the products during transit. Customers are asked to adhere to the same norms if they return a product.
Customers can contact the sales department of the seller at any time, by email to the following address: contact@origeens.com in order to track their order.
This service will enable the customer to find out the progress in processing their order, and also the shipping information.
Due to the availability of the Products ordered, an Order could mean more than one delivery to the customer.
Any delivery delays or defects should be notified by the customer, as soon as possible, using the following email address contact@origeens.com.
The seller is deemed to have completed his contractual obligation as soon as he hands the package to the delivery company, and the seller will not be liable in the event of faults, failures or negligence of the transport company.
In the event of acts of God, the seller is free from the obligation to deliver. In addition to situations legally deemed to be “Acts of God”, the following in particular are to be considered as total or partial acts of god: floods, fires, etc., or any other event of an exceptional nature which slows down or blocks the delivery of orders.
Reception
It is the responsibility of the customer to receive and to check the conformity of their order as soon as it is delivered, and if necessary, to note any reserves on the delivery slip.
These reserves about the condition of the goods or about goods which are missing must be confirmed by registered letter against signature to the seller within 7 working days of receiving the goods. It is up to the customer to provide any evidence about the reality of these anomalies, visible defects noted etc.
After this time, any delivery for which reserves have not been expressed will be deemed to comply with the order and will be deemed to be accepted by the customer, who will no longer have recourse against the seller.
Damaged package
The customer must refuse any damaged package, by indicating their reserves as detailed, explicit and dated handwritten comments, with their signature, on the delivery note. If necessary, they may take and add a photograph.
If no reserves are expressed by the customer, the delivery is deemed to be accepted by the customer at the time of receiving the package.
In the case of a damaged package, after the client has expressed their reserves with the transporter, they must inform the seller by registered letter against signature, even if this information does not mean any obligation for the seller in any way whatsoever.
Cooling-off period
As per the provisions of the Consumer Code, the consumer client has a 14-day cooling-off period, starting from the day after receiving the products, to exercise their right to withdraw without needing to justify their reasons nor to pay any penalties, other than the cost of returning the goods. If this period expires on a Saturday, a Sunday or a bank holiday or public holiday, it is extended to the next working day.
After this period, the customer can no longer exercise their right to withdraw.
However, we draw customers’ attention to the fact that the cooling-off period does not apply to certain products and services, due to their specific characteristics. Likewise, the cooling-off period does not apply in the case of purchases by professional clients, and is only applicable for purchases by individual customers.
Exercising the right to withdraw
Customers may exercise their right to withdraw within the period of 14 days mentioned above, by sending the seller an email asserting said right to withdraw to contact@origeens.com or by registered letter against signature to :
GEMYNO SAS ~ 8 allée des hirondelles – 60190 Estrées Saint Denis- France
making sure to clearly identify the product(s) which are subject to the right to withdraw.
Form for the right to withdraw
Please copy/ paste and complete the present withdrawal form, and send it to us, if you wish to exercise this right.
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Dear Sir, Madam, On XXX (specify the date of purchase), I placed an order by internet with you, and I received the delivery on XXX (specify the date of reception). As per the measures set out in the Consumer Code, I hereby inform you that I wish to exercise my right to withdraw with regard to this order, which I will return to you within the next two weeks. Name and address of the customer: XXX (to be completed). I request a refund for the sum of XXX € (specify the amount), which I paid by XXX (specify the payment method – bank card, PayPal). Thank you, Yours faithfully, Date XXX place XXX (SURNAME – first name – signature) |
Consequence of the right to withdraw: returning products
Any product to be returned by the customer will be shipped at their sole expense, to the following address:
GEMYNO SAS ~ 8 allée des hirondelles – 60190 Estrées Saint Denis- France.
The products should be returned in their original packaging and in perfect condition, which would allow them to be resold as new.
The customer has the right to open the delivery packaging to the extent that it does not mean that the product cannot be resold. For reasons of hygiene, products must be returned unused, failure to comply with this will mean that a refund may not be made and the right to withdraw will not be applicable.
With regard to food products, only unopened products may be returned under the right to withdraw.
Refunds
In the case of the customer exercising their right to withdraw within the aforementioned period, the price of the products returned will be refunded in full to the client by the same payment method they used at the time of purchase, as quickly as possible, and at the latest within two weeks of the date the seller is made aware of the right to withdraw being exercised.
Statutory warranty of conformity
The seller informs customers that they may, for all products sold on the website, exercise the statutory warranty of conformity, in the event of any fault in a product purchased.
The duration of this legal guarantee is 2 years for new products.
In any case, it is the customer’s responsibility to provide proof of what he alleges.
In the event of a conformity defect, the customer must return the product(s), indicating the order reference, and attaching a copy of the invoice to:
GEMYNO SAS ~ 8 allée des hirondelles – 60190 Estrées Saint Denis- France.
Connection and security
Access to and use of the website require a security standard, which enables the authentication, the confidentiality and the integrity of data exchanged end-to-end, between the internet user’s device and our website.
The information exchanged during a session on the website pages are secured using an HTTPs secured protocol.
Personal data
The editor pf the website guarantees that the collection and processing of personal data, carried out on the present website, comply with GDPR and the law on Data Processing and Freedom. In particular the editor guarantees that they will ensure the security and the confidentiality of this data. To that end, only authorised people will have access to this data.
The purpose of collecting of this data, the legal basis for which is the legitimate interest of those in charge of processing it, is ultimately customer relation management operations, outstanding payments and disputes.
The data processed is the data saved by the person themselves at the time of placing an order on our website.
The personal data gathered via our website is stored for a period of 3 years from the date of data collection.
There is no transfer of personal data of clients outside of the European Union.
In accordance with legislation on personal data, all individuals have the right to access, to rectify, to delete data about themselves, as well as the right to data portability, which you can exercise by sending us an email, with a copy of your ID, to contact@origeens.com
You can see the cnil.fr website for more information on your rights.
You may also, for legitimate reasons, oppose your data being processed. You may also, for legitimate reasons, oppose your data being processed. If after having contacted us you believe that your “Data Processing and Freedom” rights are not being respected, you can make a complaint with the CNIL.
Liability
The seller is released from their obligations in the event of an act of God and refuses all liability with regard to abuse or misuse of products purchased on the website.
If the seller were to be held liable, in any event this would be limited to the total amount excluding tax of the order in question.
In any case, the seller may not be held liable for not following the regulatory and legal measures in place in the country of reception, either by the client or a third-party service-provider.
Applicable law - mediation & competent authorities
Contractual relations between the seller and clients are exclusively subject to French law, and the language of the contract is French.
With regard to individual customers
The customer has the option to seek consumer mediation (articles L.612-1 of the Consumer Code).
In that case, they may contact the following mediator https://www.mediation-net-consommation.com/saisir-le-mediateur
The courts in the jurisdiction of the seller’s head office will have sole jurisdiction for professional clients, and for private customers, the rules of the Code of Civil Procedure apply.
With regard to professional clients
In the event that a dispute of any nature should arise between the parties, resulting from the interpretation and/or fulfilling of the contract, which they are unable to resolve amicably, the parties confer sole jurisdiction to the courts in the area of the seller’s head office.
