CONDITIONS OF SALE
OMNICARE EXPRESS online shop has been created by the company OMNICARE EXPRESS, who is the operator of this website. Any order placing for a product featured in the online shop of the website OMNICARE EXPRESS assumes that the present general conditions have been read. Consequently, the consumer acknowledges being informed that their agreement to the present general conditions does not require the manuscript signature of this document, insofar as the client wishes to order online the products offered as part of the website's shop. The consumer may save or edit the present general conditions, it being specified that any saving or editing are the sole responsibility of the client. As a consumer, the client has thus specific rights, which would be reconsidered in the case where the products or services purchased as part of the website would in effect be related to their professional activity. The online shop created by the company OMNICARE EXPRESS as part of the website make mention of the following information:
A legal notice permitting the precise identification of the company OMNICARE EXPRESS
- Presentation of the essential characteristics of the good offered.
- Indication, in Euros, of the price of goods, as well as, if applicable, delivery fees.
- Indication of payment, delivery and execution terms as well as the existence of a cancellation clause.
- The validity duration of an offer or price.
- The conditions to cancel a contract when its duration is open-ended or superior to one (1) year.
This information is completely presented in the English language. The consumer declares having full legal capacity allowing them to commit to the present general conditions.
Article 1: Entirety
The present general conditions formulate the entirety of the obligations for all parties. In this direction, the consumer is considered having accepted the entirety of the clauses provided in these general conditions. No general or specific condition featured in the documents sent or received by the consumer will be integrated to the present, insofar as these documents are incompatible with these general conditions.
Article 2: Purpose
The present general conditions are to the purpose of defining the rights and obligations of all parties as part of the online selling of goods and services offered by the company OMNICARE EXPRESS to the consumer.
Article 3: Contractual documents
The present contract is composed of the following contractual documents, presented in decreasing hierarchical order: the present general conditions, the order form. In the event of a contradiction in the clauses of documents of different ranks, the clauses of the document with the higher rank will prevail.
Article 4: Enforcement - duration
The present general conditions are effective from the date when the order form is signed. The present general conditions are agreed for the necessary time for the providing of goods and services subscribed, until the end of the guarantees for which the company OMNICARE EXPRESS. may be accountable.
Article 5: Electronic signature
The consumer's double click for the order form constitutes an electronic signature which, for the parties, has the same value as a manuscript signature.
Article 6: Order confirmation
Contractual information will be confirmed via email at the latest when the package is delivered or, in the absence of a valid email address, at the address indicated by the consumer within the order form.
Article 7: Proof of transaction
The electronic registers, kept within the computerized files of the company OMNICARE EXPRESS and in reasonably secured conditions, will be considered as proof of communication, order and payment between the parties. The filing of order form and invoices is done on a reliable and durable base which can be produced as a proof.
Article 8: Product information
8-a : The company OMNICARE EXPRESS offers on its website the products to be sold with the necessary characteristics in accordance with the Consumer Protection Regulations, which provide the potential consumer with the possibility of knowing the essential characteristics of a product they wish to purchase before ordering it.
8-b : The offers presented by the company OMNICARE EXPRESS are valid only within the limit of available stocks.
Article 9: Prices
Prices are stated in euros and are valid only at the date of sending the order form by the consumer. They do not take into account delivery fees, which are charged separately and indicated before the validation of the order form. Prices take into account the VAT rate applicable on the day of the order and any change in VAT rates will immediately be reflected on the prices in the online shop. A payment of the entirety of the price must be effected on the day of the order. At no time will the paid amounts be considered as advance fees or deposits.
Article 10: Payment modes
To pay for their order, the consumer can choose between the different payment modes available within the order form. The consumers guarantees the company OMNICARE EXPRESS that they have the authorisations possibly necessary to use the payment mode they have chosen in the validation of the order form. The company OMNICARE EXPRESS reserves the right to suspend all ordering or delivery management if the bank card payment should be refused by the officially accredited bodies or in the case of non-payment of the amount due. The company OMNICARE EXPRESS reserves notably the right to refuse the execution of a delivery or the management of an order emanating from a consumer who would not have totally or partially paid a previous order, or one with whom a payment dispute is running. The company OMNICARE EXPRESS has set up an order checkout procedure destined to assure that nobody uses the bank details of another person without their knowledge. Within the framework of this procedure, the client will be asked to fax the company OMNICARE EXPRESS with a copy of one piece of identification as well as a proof of address. The order will be validated only after receipt and verification by our services of the documents sent.
Article 11: Product availability
The order will be executed at the latest within a three (3) days time from the day following the one when the client placed their order. If a product ordered should not be available, notably because of our suppliers, the consumer will be informed as the earliest time possible and will have the possibility to cancel their order. The consumer will then have the choice to ask for either the refund of the paid sums within thirty (30) days of their being paid or the exchange of the product.
Article 12: Delivery terms and conditions
Products are delivered to the address indicated by the consumer on the order form and only in Metropolitan France. The consumer must verify the state of the package on delivery and report any damage owed to the transporters on the delivery form as well as the company OMNICARE EXPRESS within one week of receiving the delivery. The consumer can on their request obtain the sending of an invoice to a billing address and not the delivery address by validating the appropriate option on the order form. Concerning the expedition of the package, we work mainly with FedEx Tracked. As soon as we proceed to the consignment, the consumer will receive an email informing them of the dispatch.
To reduce to a minimum the transport fees, all products of small or medium size will be sent by a service of FedEx Tracked. In addition to the fact that it is economical, this service delivers within 48 hours in all of France and offers the possibility of recovering the ordered products at the post office nearest to the delivery address if you should be absent from the delivery location when the postman comes. In concrete terms, if you are absent on the day of delivery the postman will leave a notice in your mailbox allowing you to recover the package at the post office during opening hours, within a fifteen (15) days time . FedEx Tracked is a very reliable service. However, it is possible as in all consignment that there may be a delay in the delivery or that the product get lost. In the case of a delay in the delivery in comparison with the date indicated in the consignment mail, we ask that you report this delay by telephone or email. We will then contact the post office to start an investigation. A post investigation can last up to twenty-one (21) days from the starting date of the investigation. If within this time period the package is recovered, it will be immediately re-dispatched to your address (this constitutes the majority of cases). If on the other hand the package should not be recovered at the end of the twenty-one (21) days of investigation, the post office will consider the package as definitely lost. It is only then that we will be able to send you a replacement product, free of charge. If the product or products ordered should not be available at this moment, we would refund the amount of the products concerned by the loss of the transporters. If the product or products should be available but have changed selling price on the site, we would apply the new prices, either by refunding the price difference by cheque or by asking for a complementary cheque amounting to the price difference. We decline all responsibility concerning the extension of the delivery delays on account of the transporters, notably in case of loss of the products or a strike.
Article 13: Delivery problems on account of the transporters
Any defect concerning the delivery (damage, missing product compared with the delivery form, damaged package, broken products, etc) must be indicated on the delivery form as manuscript reservations accompanied with the client's signature. The consumer will at the same time have to confirm this defect by sending the transporters a registered mail with acknowledgement of receipt stating the said complaints within two (2) working days of the delivery date. The consumer will have to send a copy of this mail either by fax or by post to the following address:
17 Am Dahl
9759 - Knaphoscheid
Article 14: Delivery errors
14-a: The consumer will have to inform the company OMNICARE EXPRESS on the day of the delivery or at the latest on the fist working day following the delivery of any complaint concerning a delivery error and/or concerning the non-conformity of products in nature or quality compared with the information stated on the order form. Any complaint expressed after this time will be rejected.
14-b: The expression of this complaint to the company OMNICARE EXPRESS can be done:
- in priority by telephone at number +352 621 270 832 Monday to Friday from 9 am to 12 am and 2 pm to 6 pm.
- by connecting to our site in the order tracking section where after entering your client number, you will be able to ask questions through the contact menu and by stating the reference of the order.
14-c: Any complaint not expressed in the way indicated by the previously defined regulations and within the imparted time cannot be taken into account and will disengage the company OMNICARE EXPRESS of any liability towards the consumer.
14-d: On receipt of the complaint the company OMNICARE EXPRESS will ascribe to the consumer an exchange number for the concerned product or products and will communicate it to the consumer either by email, fax or telephone. The exchange of a product can only take place after the consumer has received an exchange number according to the policy presented above.
14-e: In the event of an error in the delivery or the exchange of a product, any product to be refunded or exchanged must be returned to the company OMNICARE EXPRESS in totality and in its original package, by FedEx Registered to the following address:
17 Am Dahl
9759 - Knaphoscheid
To be accepted, any return must beforehand have been notified to the company OMNICARE EXPRESS
Dispatch fees are at the company OMNICARE EXPRESS's expense, except in the event where it should seem that the returned product would not correspond to the original declaration done by the consumer in the return form.
Article 15: Product guarantee
In accordance with Article 4 of the decree n°78-464 of the 24th March 1978, the clauses of the present General Conditions cannot deprive the consumer of the legal provision which obliges the professional seller to guarantee the consumer against any consequences resulting from product defects of the object sold. The consumer is explicitly informed that the company OMNICARE EXPRESS is not the producer of the products presented within the website , according to the law n° 98-389 of the 19th May 1998 and relative to the responsibility concerning defective products. Therefore, in the case of damage inflicted to a person or goods due to a defect in a product, only the producer's liability may be engaged, on the basis of the information appearing on the package of the said product. The conditions and guarantees of the producer are indicated in the product files. Considering the frequency of renewal of the components of the technical products, OMNICARE EXPRESS can, on request, inform the consumer of the availability of spare parts for the products offered and the conditions to obtain them if need be.
Article 16: Cancellation right
The consumer disposes of a time of ten (10) working days to return at their expense the products which would not be suitable for them. This time runs from the date of the delivery of the products ordered by the consumer. If this time should expire on a Saturday, Sunday or a bank holiday, it is extended to the first following working day. Any return must be reported beforehand to the Client Service of the company OMNICARE EXPRESS. :
- in priority by telephone at number +352 621 270 832 Monday to Friday from 9 am to 12 am and 2 pm to 6 pm.
- by connecting to our site in the order tracking section where after entering your client number, you will be able to obtain your client number. The product must be returned by FedEx Registered to the following address:
17 Am Dahl
9759 - Knaphoscheid
Products such as discs and CDs must not have been unsealed, in order for the consumer to be able to benefit from the right of cancellation.
Only products returned in their entirety, in their original package and intact, and in perfect reselling condition will be accepted. Any damaged product, or one with a deteriorated original package will not be either returned or exchanged.
This right of cancellation is undertaken without penalty, with the exception of the return fees. In the event of the undertaking of the right of cancellation the consumer has the right to ask for either the refund of the paid sums or the exchange of the product. In the case of an exchange, the dispatch will be at the consumer's expense.
In the event of the undertaking of the cancellation right, the company OMNICARE EXPRESS will make all efforts to refund the consumer in a time of fifteen (15) days. However, considering the technical character of the products sold this time may extend to thirty (30) days, particularly if the products needs a technical check (cf products needing to be tested first).
The consumer will then be refunded by credit to their bank account (secured transaction) in the case of a bank card payment, or by cheque in other cases.
Article 17: Right of Use
The right of use of the software of the company OMNICARE EXPRESS as well as those distributed by it is given to the consumer in shared rights, personal and non-transferable, in accordance with the Intellectual Propriety Code. However, pursuant to the Article L122-6-1 of this Code, the consumer disposes of a right of replication exclusively for the making of a backup copy when it is necessary to preserve the use of the software. In all events, the author of the software retains the right of propriety on their work which the consumer engages to respect.
Article 18: Force majeure
None of the two parties will have failed in their contractual obligations, inasmuch as its execution has been delayed, held up or prevented by a fortuitous case or a force majeure. Will be considered as fortuitous case or force majeure any irresistible facts or circumstances, exterior to the parties, unforeseeable, inevitable, beyond control of the parties and which cannot be prevented by the latter in spite of all reasonably possible effort. The party concerned with such circumstances will inform the other within the ten (10) working days following the date at which it is brought to their knowledge. Both parties will then approach each other, within a one (1) month time , excepting the impossibility to do so due to the case of force majeure, to examine the impact of the event and agree upon the conditions in which the execution of the contract will be pursued. If the case of force majeure lasts longer than three (3) months, the present general conditions can be terminated by the damaged party. In brief, other than the usual cases held up by the jurisprudence of French court, are considered as fortuitous cases or force majeure: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the stopping of the telecommunications network or difficulties proper to the telecommunication network external to the clients.
Article 19: Partial Non validation
If one or more stipulations of the present general conditions are considered non valid or declared as such in application of a law, a regulation or following the definitive decision of a competent jurisdiction, all other stipulations will retain their force and their scope.
Article 20 : Non release
The fact for one of the parties of not prevailing over a breach of trust by the other party for any of the obligations provided under the present general conditions shall not in the future be interpreted as a release of the obligation under consideration.
Article 21: Titles
In the event of an interpretational issue between one of the titles stated at the beginning of each clause and one of the clauses, the titles will be declared as non-existent.
Article 22: Applicable law
The present general conditions are subjected to the French law. This applies for the rules of form as well as for the rules of content. In the event of a dispute or claim, the consumer will address it in priority to the company OMNICARE EXPRESS to obtain an amicable solution. In a second time and in case of a recourse, the consumer will be able to address a complaint to OMNICARE EXPRESS via the dedicated dialogue box.
Article 23: Data Protection and Liberties
The information asked of the consumer are necessary for the processing of their order and can be communicated to the contractual partners of the company OMNICARE EXPRESS intervening within the execution of the order. The consumer may write to the company OMNICARE EXPRESS whose details are included in the Privacy Charter on the website, to oppose such a communication or to exert their right to access and/or modify the information concerning them and appearing in the files of the company OMNICARE EXPRESS, in the conditions provided in the law of the 6th January 1978.
If however you wish to obtain more information, please fill in the contact form by clicking here.