Article 1 – APPLICATION OF CONDITIONS
The term "vendor" when used below refers to Oxygen, a limited company with a capital of 152 450 euros, headquartered at 7, rue Pasquier 75008 Paris, France (telephone + 33 (0) 1 49 249 304) registered with the Paris Trade and Corporate Registry under the number 352 273 817 (VAT EU FR 61 352 273 817). The term "customer" when used below is the company or private consumer who places the order and accepts these terms and conditions. The terms and conditions apply exclusively to all sales made by Oxygen on its own behalf or by its principals. Any other conditions can only apply after written confirmation from Oxygen.
Article 2 – ORDERS
The offer is valid within the limit of available inventory. For quotes or estimates, the offer remains valid one week unless otherwise specified. Contracts are only concluded in French.
2.1 Steps for concluding a contract
Your order is then confirmed by an automatically generated email sent by our website to the email address provided when you created your customer account. All contractual information is presented in the French language and is subject to confirmation of this information at the latest at the time of delivery. Oxygen reserves the right to cancel or refuse any order coming from a customer with whom there is a dispute regarding payment of a previous order.
2.2 Cancelling an order
It is specified for professional customers that they cannot unilaterally cancel an order without express agreement from Oxygen and that orders sent directly by the customer or are transmitted by representatives of the customer are not binding for the vendor unless they are accepted in writing.
Article 3 – PRICE
Prices on the site are in euros, excluding delivery costs. They are subject to change, notably in the event of fluctuating exchange rates vs the euro or a change in VAT. The amount of delivery charges is calculated automatically for each order and is shown in the summary of your order, before its definitive validation. For customers outside the European Union or in the French overseas territories (DOM TOM), the invoice will be established without VAT. On sites reserved for professional customers, prices are shown excluding tax, packaging, transportation, and freight insurance.
Article 4 – DELIVERY
Delivery takes place either by direct delivery to the customer or by notice that the product is available for pick-up, or for professional clients, by transferring the merchandise to a carrier.
4.1 Delivery time
Delivery takes place at the address provided when the order is placed. Unless expressly agreed in writing, in particular as regards order volume, Oxygen commits to delivering your order within a maximum of 30 days from the day following receipt of your payment. Any other delivery time frame should only be considered approximate.
4.2 Delivery delays
If you are a private consumer and the delivery has not taken place more than 7 days after the specified date, except in cases of force majeure you have the right to cancel your order and receive a refund. In this case, you must send us a registered letter with return receipt in the 60 working days following the announced delivery date.
Article 5 – TRANSPORT
Unless otherwise specified by written agreement, Oxygen is free to choose the delivery company/carrier.
5.1 Transportation risks
Oxygen bears the transportation risks up to the point of delivery, i.e. until the merchandise is physically delivered to the person designated on the invoice or that person's representative who accepts the delivery under the condition that the receiver verifies the merchandise upon reception in the presence of the carrier and immediately makes a note, if necessary on the carrier's documentation, of their claims or observations according to the procedure described below. The exception to this is for professional customers, who bear the risks and perils of transport (namely loss, damage, or theft).
5.2 Receiving goods
In the event of loss or damage, you must indicate this in writing, giving precise details on the delivery invoice provided by the carrier, in the presence of the carrier or its employees; you must then send the carrier a registered letter repeating your claims in the three days following the delivery. Merchandise accepted with no claims by the recipient at the time of delivery and/or without a registered letter sent to the carrier within three days is considered to have been delivered satisfactorily and completely (number of items, consistent with order, etc.). Otherwise no claims can be considered by Oxygen and Oxygen cannot be held responsible.
Article 6 – CLAIMS AND AFTER-SALES SERVICE
For any claim, we invite you to contact customer service via our website, using the Contact us page. Any claims regarding a defect in the delivered merchandise, an error in quantity, or a mistake in product reference vs the accepted offer or the confirmed order by the vendor must be notified to the vendor in writing by registered letter within 72 hours of receiving the merchandise, without overlooking, if necessary and in keeping with article 5, any possible recourse against the carrier. Failure to do so revokes the customer's right to make a claim.
6.1 Return number required
Merchandise returns take place solely via carrier unless otherwise indicated. Any merchandise return requires the prior agreement of Oxygen and a return number, which can be freely obtained on the Contact us page on this website. Transportation costs for merchandise returns are solely the responsibility of the customer and at your own risk. Consequently, we recommend that you take out transportation insurance and declare the value of your goods.
Any request for a refund can only be considered once the products have been returned to Oxygen.
Article 7 – RIGHT OF REFUSAL RESERVED FOR PRIVATE CONSUMERS
Under the terms stipulated in articles L121-20 and thereafter of French consumer law concerning distance selling, the customer has seven days from the date of delivery to change their mind and get their money back after returning the delivered goods. The customer must return the merchandise in its original state and packaging. However, this right of refusal cannot be invoked in application of article L121-20-2 in the case of:
- made-to-order or clearly personalised goods, such as parts assembled on the customer's request
- merchandise which by its nature, cannot be sent back or could deteriorate or expire quickly, such as ink cartridges, CD or DVD cases, etc.
- audio or video or software recordings once they have been opened by the consumer.
Article 8 – WARRANTY
If you have a problem with your product, please contact customer service via our website, using the Contact us page.
8.1 Oxygen's sales warranty
Our products are guaranteed by the manufacturer and by default Oxygen against any material or manufacturing flaws for 12 months from the date of delivery, except under specified conditions. In any case, articles with a unit value below 25 euros excluding tax are only guaranteed for six months from the date of delivery.
8.2 Oxygen's limited sales warranty
The vendor's warranty is limited to repair, replacement or exchange in equivalent value merchandise for products the vendor acknowledges are defective, taking into account the product's use, and is entirely at the vendor's discretion. The vendor commits only to ensuring replacement of defective parts and/or repair of damaged merchandise supplied to the customer by Oxygen.
8.3 Exclusions from Oxygen's sales warranty
Oxygen is solely responsible for replacing defective parts and repairing damaged merchandise that it supplied to the customer. If the goods cannot be replaced by identical merchandise, an equivalent or superior product will be offered, or credit. Subject to provisions required by law, Oxygen's responsibility is strictly limited to the obligations defined in these terms and conditions or conditions agreed to in writing.
Article 9 – RETENTION OF OWNERSHIP
The merchandise to be delivered and invoiced to you remains the property of Oxygen until payment in full. Payment default can result in Oxygen reclaiming the merchandise, with immediate restitution, and the merchandise delivered at your cost and at your own risk. During the period in which the delivery and thus transfer of ownership is taking place, any risk of loss, theft or destruction, as well as any damages you may incur, remain at your charge.
Article 10 – CANCELLATION CLAUSE
If the customer does not respect any one of these obligations, Oxygen reserves the right to cancel the sale and require the return of its merchandise if it sees fit, without prejudice to any of the damages and interests that the customer might be forced to pay the vendor, within a 48-hour period after the notice is served if there is no response. In this case, the vendor is authorised to demand 10% of the sale amount from the customer as compensation.
Article 11 – PAYMENT
Any payment to Oxygen could not be considered a deposit.
11.1 Payment methods
Payments must be made such that the vendor has access to the funds on the due date written on the invoice. Payment is made, unless otherwise specified on the website or in a dispensation granted to a customer company after consideration of their case, at the time of order by:
- credit card. A secure server guarantees that your credit card information remains safe and confidential.
- wire transfer or money order.
11.2 Late payment
In application of article L.441-6 of the Business Code, on any sum not paid on time Oxygen has the right to add interest at the most recent refinancing rate set by the European Central Bank increased by 10%, with a minimum penalty for recovery costs of 40 euros also due if the customer is a professional, with no impact on any additional damages or interest.
11.3 Supporting documents
To limit fraud, Oxygen reserves the right to ask you for proof of identity and address as well as verify your means of payment before accepting the sale. In that case, your order will be processed once Oxygen is in possession of these documents. We reserve the right to cancel your order if the supporting documents are not received or if we consider them to be non-compliant.
Article 12 – FINAL STIPULATIONS – APPLICABLE LAW – JURISDICTIONAL COMPETENCE
Oxygen archives orders and invoices on reliable, long-lasting media constituting accurate copies in keeping with article 1348 of French law. Oxygen's computerised/digital records are considered by all parties to be proof of all communication, orders, payments, and transactions between the parties, unless proof otherwise is provided. The electronic signature created by the "double-click" process when placing an order and its confirmation constitutes written agreement between the parties. French law is applicable. If one of the clauses or conditions of the general sales terms and conditions were to be voided or declared illegal by a definitive court decision, that particular void or illegality has no impact on the other terms, conditions and clauses which will continue to apply. Any disputes concerning the creation, execution or end to contractual obligations between the parties which cannot be resolved amicably will be subject to the French courts. In the event of a dispute between professional clients and/or merchants, the case will be heard by the Paris Commercial Court as the vendor's headquarters are in that jurisdiction. If at any given time Oxygen does not invoke one of the above clauses, this does not mean that it revokes its right to do so at a later date. Appendix 1
Article L211-4 of the French consumer code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility for installation or had it carried out under his or her responsibility.
Article L211-5 of the French consumer code:
To conform to the contract, the product must:
Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the manufacturer or the manufacturer's representative, including advertising and labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed.
Article L211-12 of the French consumer code: Any action resulting from defects must be brought by the buyer within a period of two years following the delivery of the product.
Article 1641 of the French civil code: A seller is bound to a warranty for latent defects of the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have only paid a lesser price for it, had the buyer known of them.