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> GENERAL CONDITIONS OF SALE
 
 ( Applicable to Private Individuals Beginning 01/01/2009 )

> Warning :

The English version of the present General Conditions of Sale is provided to facilitate understanding. Only the official French version binds the GIE "Oléiculture et Santé" and forms a reference in case of litigation.

1. General points :

The present General Conditions of Sale (hereinafter referred to as "GCS") governs all sales of products conducted through the website www.oleicultureetsante.com (hereinafter referred to as "Website"), between the association "Oléiculture et Santé", Groupement d'Intérêt Economique, (hereinafter referred to as "The Company") registered at the Registre du Commerce et des Sociétés d'Arles under the number 509 246 187, with the head office located at Domaine La Plantade, Route de l'Aqueduc, 13990 FONTVEILLE, France, and the internet Client (hereinafter referred to as "CLIENT"), legal entity, or individual, who makes the purchase.

Orders placed through the Website are governed exclusively by the present GCS to the exclusion of all other documents or correspondence coming from the CLIENT. The act of placing an order with The Company and of validating by clicking on the icon "confirm", essentially means, as an essential and decisive condition, the complete unreserved irrevocable agreement by the CLIENT. No particular condition of sale, can prevail over the present GCS, except by prior written agreement on our part. The Company reserves the right to modify the present GCS any time, and without notice, those modifications then being applicable to all subsequent orders. .

2. Orders :

2.1 General characteristics of products and services : the CLIENT is able, before any order, to acquaint himself/herself with the essential characteristics of the product he/she wishes to buy on the Website. The Company is entitled to update and modify its product line and to remove from sale without prior notice, the present products especially in the case of supply constraints. The photographs, diagrams or designs illustrating the products are only produced as strictly indicative and do not enter into the contractual domain. The CLIENT is solely responsible for the selection and purchase of a product on the Website.

2.2 Completion of sales contract : to place an order on the Website, the CLIENT must follow the order process detailed on the Website. The order becomes final and the sales contract is created only after verification by The Company and confirmation of the CLIENT's payment on the Website. The Company requests the CLIENT to keep a copy of the order until they receive the bill either included with the shipment or sent by default to the e-mail address provided by the CLIENT at the time of the order..

2.3 Availability of Products : in spite of all our best intentions, The Company can not guaranty the availability of all the products offered on the Website at the time an order is placed by the CLIENT. In the case that we are out of stock of a product ordered, and unless otherwise specified by the CLIENT on the order, The Company will substitute the missing product with an equal or higher-priced product without charging extra to avoid any delay in delivery. If the CLIENT exercises his right of rescission, the charges for returning the product will be paid by The Company. The CLIENT reserves the right to cancel the sale, return the product and request a refund..

3. Prices :

The prices on the Website are indicated in Euros and include the handling fees, packaging and preservation of the products only. The prices on the Website are those in effect at the moment of the order. The prices charged are those in effect at the time "The Company" processes the order. The Company" reserves the right to modify the prices on the Website at any time and without notice. However, the prices quoted on the CLIENT's order after confirmation and recording of the order are firm and final. For France and countries in the European Union, the prices take into account the TVA applicable the day the order is placed. For other countries the prices are without TVA.

4. Methods of payment :

The Company's products and services are payable in total, including shipping charges, at the time the order is placed by credit card (VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS). Payment by credit card is processed through a secure process which guaranties confidentiality and security of the information provided at the time of the transaction.

5. Delivery :

5.1 General points : The products will be delivered to the address given on the order by the freight forwarding company designated by the "The Company" and exclusively to the following zones :

* In Metropolitan France and in the departments and territories overseas.
* In Europe in the following countries :
- zone 1 : Germany Belgium, Netherlands, Luxembourg,
- zone 2 : Great Britain, Italy, Spain,
- zone 3 :Austria, Denmark, Ireland, Portugal,
- zone 4 : Finland, Norway, Sweden, Switzerland,
- zone 5 : Greece, Hungary, Iceland, Poland, Czech Republic, Slovakia,
- zone 6 : Other European countries

5.2 Delays in Delivery : The Website may indicate a delay in delivery for a product according to availability of stock and transport, and without guaranty. Extended delays do not in any case give cause for late fees, damages, holdbacks. However, if the delivery is delayed more than 7 days after the delay indicated on the Website, the CLIENT can cancel his order by registered letter, fax, or e-mail addressed to "The Company". In this case, the order is considered cancelled upon confirmation by The Company.

5.3 Shipping charges : Shipping / freight charges are paid by the CLIENT and are invoiced in addition to the price of the products ordered. The total charges will always be given to the CLIENT before the confirmation of the order and must be paid at the same time as the order is made. These charges vary according to the total order and the destination country, and are calculated on the Website according to the order.

5.4 Reception of Goods : Upon payment by the CLIENT and shipment from The Company, the products are the property of the CLIENT. The products travel at the CLIENT's own risk. In the case of anomaly or error in delivery (damages, breakage, damage to packaging, loss…), or even non-conformity of products compared with the delivery voucher, the CLIENT must:

At the time of delivery, point out any discrepancies clearly written and signed on the delivery voucher designated for the freight forwarder.

Within three working days from reception of products, send to the freight forwarding company by registered letter with the form for "acknowledgement of receipt" (avis de reception), the CLIENT's potential claims relating to all damages or partial loss of the products delivered.

Within one working day, inform The Company of the situation by fax or e-mail to the following address: info@oleicultureetsante.com.

Within 8 days of receipt of the products ordered, all claims for visible defect in the products, for whatever reason, must be sent to the "The Company" by registered letter with "acknowledgement of receipt" (avis de reception) form.

After this period, the CLIENT is considered to have accepted the products without reservation. It is up to the CLIENT to furnish the "The Company" all necessary justifications for the CLIENT's claim. In the case where the CLIENT's claim would be accepted by The Company", The Company will carry out at its discretion according to available stock, a replacement or refund for the returned product(s). .

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6. Sign & Proof (Validation) :

For all payment by credit card on the Website, the certificate delivered by the online-payment manager will indicate proof of the total and the date of the transaction, in accordance with the positions taken in articles 1316 and according to the Civil Code. In all cases, the validation of the order equals signature and express acceptance of all the operations carried out on the Website. The computerized records retained in the computer systems of each of the parties under reasonably secure conditions, will be accepted as proof of the communications and contracts between the parties.

7. Right of Retraction

The CLIENT has 7 full days from the receipt of products acquired on the Website to retract (or rescind). In the case of exercising the CLIENT's right of retraction, the "The Company" will give a refund for the entire order cancelled and returned unopened by the CLIENT, including delivery fees. The CLIENT will be responsible for the shipping charges for the return and must return the product within fifteen days following the receipt of the product. In the case of partial cancellation of an order, the "The Company" will retain the shipping fees for the product(s) delivered and not returned by the CLIENT.

In the case of exchange or refund, the CLIENT must notify the "The Company" by registered letter and send back the unused product at the CLIENT's expense and risk in the original packaging, accompanied by all the accessories, instructions and documentation to the following address: GIE "OLEICULTURE & SANTE, Mas de Gourgonnier, 13890 MOURIES – France.

Failure by the CLIENT to abide by the conditions of the existing article could cause the "The Company" to not exchange or refund the returned product. .

8. Responsability & guaranty

The "The Company" can not be held liable for damages of any nature, either material and consequential or bodily which could result from improper or abnormal use of products offered for sale. The responsibility of the "The Company" shall not be bound to all the factors or inherent damages in the use of the internet connections totally outside of due diligence and precautions taken by the "The Company"

In particular, any disruption in service, or any outside intrusion or presence of computer virus, shall not enter into the responsibility of the "The Company". The CLIENT benefits from the legal guaranty of eviction and product defects in accordance with the terms of the articles 1625 and following of the Civil Code.

9. Intellectual Property :

The Website and all its elements are protected in particular by royalty and trademark laws and are the exclusive property of the "The Company".

The CLIENT is prohibited from copying or downloading any or all of the contents of the Website and from any mention, use, reproduction, exploitation, re-broadcasting, except with express prior authorization in writing from the "The Company". All modification of original packaging or labeling of products or of warning labels on the packaging or products is prohibited.

10. Personal Data :

The information supplied by the CLIENT is indispensable to the completion of the order. This information will never be given to a third party. According to law number 78-17 of January 6, 1978, modified relative to computing, to files, and to liberties, the CLIENT has available a right of access, of modification, correction, and of removal of data concerning the CLIENT. All requests on this subject must be sent to the "The Company" by mail, fax, or e-mail to info@oleicultureetsante.com. The association, "OLEICULTURE ET SANTE" is the subject of a statement CNIL under the number.

11. Non validity / Non release :

In the possibility where any of the conditions in the present GCS would be declared void or deemed nugatory, all the other conditions would continue to apply. Should "The Company" choose not to invoke at any given moment any of the present GCS, this can not in any case be interpreted as serving as a release to subsequently invoke any said conditions.

12. Applicable law / jurisdiction :

The present GCS are subject to French law. The application of the Vienna Convention on the international sale of merchandise is expressly disregarded. French law is applicable without necessarily disregarding the application of imperative legislative laws granted to consumers or from any imperative law more protective by the foreign judge retained by a consumer of the corresponding country. The parties will do the maximum to find an amiable solution to all dispute relative to the formation, execution and/or cessation of contractual obligations between the parties. Failing an amiable settlement, the litigation will be submitted to the French courts.

 

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