These terms and conditions of sale are concluded on the one hand by the Ondévit Foundation (Stichting Ondévit Nederland) whose head office is located at Kerklaan 3, 2282CD Rijswijk Netherlands registered at the Trade and Companies Register of The Hague under number 41155925 hereinafter referred to as “Ondévit Foundation” and managing the site Ondevit.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website ondvit.com referred to hereafter as “the buyer”.
Article 1: object
These terms and conditions are intended to define the contractual relationship between Foundation Ondévit and the buyer and the conditions applicable to any purchase made through the website Ondevit.com. 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. Before any transaction, the buyer declares on the one hand that the purchase of products on the site Ondevit.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity , allowing him to engage under these terms and conditions of sale.
The Ondévit Foundation retains the possibility of modifying these sales conditions at any time, in order to respect any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in effect at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on Ondevit.com website of the Ondévit Foundation within the limits of available stocks. The Ondévit Foundation reserves the right to modify the product assortment at any time. Each product is presented on the website as a description of its main technical characteristics The photographs are as faithful as possible but do not engage the Seller. The sale of the products presented on the Ondevit.com website is intended for all resident buyers in countries that fully authorize the entry into their territory of these products.
Article 3. Fees
The prices appearing on the product sheets of the Internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order or HT for the professionals. Any change in the VAT rate may be reflected in the price of the products. The Ondévit Foundation reserves the right to modify its prices at any time, provided however 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
Article 4. Order and payment terms
Before any order, the buyer must create an account on the site Ondevit.com. The account creation section can be accessed directly from the sidebar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile …), must identify himself using this information.
Payment by check: the buyer selects the products he wishes to order in the “basket”, modifies, if necessary (quantities, references …), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the method of payment of his choice: “Payment by check”. Finally, the last step suggests to check all the information, take note and accept the present general conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize the payment and trigger the processing of the order, the buyer must print this order form, accompanied by his check made payable to “Foundation Ondévit” at the following address: Foundation Ondévit Kerklaan 3 2282GK Rijswijk Pays -Low. No cash payment should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the buyer will be informed by email. The Ondévit Foundation will ship the products no earlier than 2 working days after receipt of the check corresponding to the order, subject to provisions.
– Payment by bank transfer: the buyer selects the products he wishes to order in the “basket”, modifies, if necessary (quantities, references …), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the method of payment of his choice: “Payment by transfer”. Finally, the last step suggests to check all the information, take note and accept the present general conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize the payment and trigger the processing of the order, the buyer must contact his bank to make the transfer corresponding to the amount of his order to the bank account of the Foundation Ondévit, whose details are communicated to the buyer . Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. The Ondévit Foundation will dispatch the products no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wants to order in the “basket”, modifies if necessary (quantities, references …), checks the delivery address or in inform a news. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the method of payment of his choice: “Payment by Paypal”. The next step is to check all information, read and accept these terms and conditions by checking the appropriate box, then invite him to validate his order by clicking on the button “Confirm my order”. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his Paypal account credentials or personal credit card. If payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of this one, 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 disputed payment has been proven fraudulently done, remotely, 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 challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or even 120 days if the contract linking it to it provides for it. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No costs of restitution of the sums can not be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and the waiver to avail of its 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 Ondévit Foundation will communicate by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact the Ondévit Foundation, he can do so either by mail at the following address: Ondévit Foundation Kerklaan 3 2282GK Rijswijk Netherlands .; either by email at the following address: firstname.lastname@example.org, or by phone at +31703998726
Article 5. Retention of title
The Ondévit Foundation retains full ownership of the products sold until full payment of the price, in principal, including fees and taxes.
Article 6. Retraction
Under Article L121-20 of the 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.
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 made by a delivery service with tracking, delivery without 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 Ondévit Foundation will be able to provide the buyer with the tracking number of the package by e-mail. The buyer is delivered to his home by his postman. In case of absence of the buyer, he will receive a notice of passage of his postman, 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 articles leave the premises of the Ondévit Foundation. 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 Ondévit Foundation benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In case of nonconformity of a sold product, it can be returned to the Ondévit Foundation which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: Ondévit Foundation, Kerklaan 3, 2282GK Rijswijk, the Netherlands, within thirty days after delivery.
Article 9. Liability
The Ondévit Foundation, in the process of distance selling, is held only by an obligation of means. Liability can not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, service interruption, or other unintended problems.
Article 10. Intellectual Property
All elements of the Ondevit.com website are and remain the intellectual and exclusive property of the Ondévit Foundation. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
The Ondévit Foundation is committed to preserving 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 Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He may apply at any time by mail to the following address: Ondévit Foundation, Kerklaan 3, 2282GK Rijswijk, The Netherlands.
Article 12. Dispute Resolution
These conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be that of The Hague (Netherlands).
Original version in French