OSMOOZE® TERMS AND CONDITIONS OF SALE

Article 1 : Introduction and generalities

1.1 Scope of Sales & application of these "general terms of sale"

On line sales, through the sites installed and exploited by Osmooze SA (e.g. www.osmooze.com), validated by the customer implies that the customer is agreeing with the 'general terms of sale' from Osmooze SA. The customer is also accepting the 'general terms of sale' through all other forms of sale, established without the use of on line sales.

1.2 Validity of the order

The customer assures himself or herself to be informed that his or her acceptance of these "general terms of sale" does not require a signature. The customer declares that he or she has the full judiciary capacity and leeway, in title, to engage in all the titles expressed in this '"general terms of sale".

1.3 Use of these general terms of sale

The customer cannot modify this "general terms of sale". The customer does not use this "general terms of sale" for any of his or her commercial activities, or for the commercial activities that are pursued for companies affiliated with the customer. Only Osmooze SA has the right to modify these 'general terms of sale', at any time, without the notice to the customer. In this case the latest version of "general terms of sale" is always present on the site of Osmooze SA.

1.4 Reciprocal obligations

This "general terms of sale" deals in all senses the obligations and rights of two parties. This means that the customer accepts, in full, the complete 'general terms of sale' from Osmooze. This means that Osmooze SA is obliged to act according to the "general terms of sale".

1.5 Duration

The "general terms of sale" are valid from the date of the order, placed on the purchase order by the client, until the time it takes to deliver the order and the expiration of the guarantee.

1.6 Prove of transaction

The purchase orders will be stored by Osmooze and will serve as a legal proof of the communications, order and payments between the customer and Osmooze SA.

Article 2 : Information, Price

2.1 Information

Osmooze SA is presenting its products on its internet site and all other commercial tools according to the French law article "L 111-1 code de la consommation", meaning that the (potential) customer can learn all the essential characteristics of the product that he/she would like to buy.

2.2 Price

The prices communicated by Osmooze SA are in euros (unless stated otherwise). The prices mentioned are excluding TVA (French TVA of 19.6%). On all invoices Osmooze SA engages in the distinction of prices excluding and including TVA, as well as stipulating the complete TVA amount. Osmooze reserves the right to change the prices at any time.

The prices communicated by Osmooze are always ex works, meaning that any cost of transportation and customs duties are to be paid by the customer.

The prices communicated by Osmooze are including a standard discount of 5% 'cartridge loyalty reduction' on all product sales. The acceptation of the OSMOOZE prices, including this discount, implies automatically that the customer will agree only to buy OSMOOZE certified cartridges.

For internet sales we provide the shipping of products. The prices for shipping are a function of the weight of the products sold, the geographical zone and the way of shipping chosen by you (express or standard shipping).

2.3 Changes to our products

Osmooze SA reserves itself the right to modify its assortment, the product appearance and/or the price at any time, without notice.

2.4 Conformity

The products from Osmooze SA are all in accordance with current legislations. The texts, graphics, photos, information and characteristics of the product communicated on either the site(s) and/or other commercial tools are not contractual. The details stated on the offer are the obligations by which Osmooze SA engages itself. In consequence, in case of error, Osmooze SA will not be responsible for the consequences and can act by changing or deleting the texts, graphics, photos, information and characteristics of the product on the site and/or other commercial tools.

2.5 Advice

Osmooze SA is advising the customer to read the user manuals, technical information sheets and instalment instructions carefully of the products that have been bought. Osmooze SA is not responsible for any damages or consequences, direct or indirect to the customer or end-consumer or any other party, resulting from an eventual negligence.

2.6 Transfer of property

Osmooze SA retains all the property rights of the products sold to the customer (or its customers) until all the dues have been finally settled, conform the invoice, including duties, taxes and costs of transportation. Only the initial customer has rights that are enclosed in this "general terms of sale".

Article 3 : Ordering

3.1 Placing an order

The customer places an order by ordering via the internet on www.osmooze.com or by sending, faxing or e-mailing a purchase order. On this purchase order the customer clearly indicates the date, the invoice address, the delivery address, the offer number, the amount of products desired (together with the characteristics of the products), the required delivery date the price per unit and the total price (inclusive and exclusive TVA, as well as the total TVA amount). The order can only be placed by people who have the (delegated) responsibility for placing orders. Osmooze SA is not responsible, and the orders will not be cancelled, if the person who has ordered the products acts above his or her mandate.

With the placement of the order the customer has to specify if he/she would like to prolong the guarantee period (see chapter 5 "guarantee").

3.2 Information

The customer is obliged to provide the right address for the invoice as well as the address for delivery. If realized, after the products have been shipped already, that the address information that has been given to Osmooze SA is wrong, the cost for correction, re-shipment and all other costs (e.g. the delay) will be for the customer.

Osmooze SA engages in the on time and in full communication, directly to the customer, of any changes that affect the order and its delivery.

3.3 Return of an order

Once the order is placed the order cannot retract the order. Once the order is delivered, the customer has, legally, the right to return the products within 8 days, at the customers cost. This delay of 8 days is started from the date of delivery. If the period of 8 days is passed, Osmooze SA will refuse all return requests.

The goods can be returned only after Osmooze SA has give a formal written agreement, stated with a delivery address. The risks of returning the goods in good order are solely for the customer.

In case of return, the customer has the right to be fully reimbursed. The returned goods have to be, however, in "new state". This means any returned product has to be in its original packaging, should not be used, and should be returned in such a state that the products can be commercialized. Any returned product that does not fit to these conditions will not be reimbursed.

Osmooze SA will reimburse the amount due to the customer, by bank transfer, in 15 days after the goods have arrived, on the condition that Osmooze SA has issued a formal written agreement of return.

3.4 Delivery of the order

Osmooze SA is not responsible for the delivery of the order, since the prices of the goods sold are ex-Works. Osmooze SA will gladly arrange all the logistic details (at cost) for the customer

The order will be delivered with a delay of maximum 4 weeks. If in case of out of stock or other unforeseen events (e.g. a partial and/or complete strike or natural events) either with Osmooze SA and/or third parties, contractors and/or suppliers (e.g. the transportation company or postal companies) the required products will not be available in this time frame, Osmooze SA obliges itself to inform the customer as quickly as possible regarding the new delivery date. Any damages and/or consequences direct and/or indirect, resulting from a delivery delay will not be the responsibility of (and will not be compensated) by Osmooze SA.

Any delay in the delivery date does not justify cancellation of the order, with the exception of a delay longer than 30 days that is only caused by Osmooze SA (a delay longer than 30 days due to third parties is with exception and not classified as Osmooze's responsibility). In this case either the customer has the right to cancel the order and get reimbursed if payments have been done or Osmooze SA will propose first an alternative product with the same characteristics and more or less the same prize. In case of a delay longer then 30 days that is caused by Osmooze SA, Osmooze SA will retain the right to cancel the order.

Osmooze SA is not responsible for, and will not reimburse the costs of, any errors in the delivery, due to the wrong information that has been given by the customer. It is the responsibility of the customer to check if all the information about the customer is correct.

3.5 Control of the order

It is the responsibility of the customer to verify the products on delivery on accuracy and on brakeage. We advice the customer to verify the order, and its products, in the presence of the delivery company.

Whenever a delivery is not conform the order (please make sure to annotate this at the delivery note that is accompanied with the goods), the customer will send, by fax or e-mail, a letter stating the faults in delivery with the articles, quantities and the price. If the reason for this delivery is the cause of Osmooze SA, Osmooze SA is responsible for recuperating and replacing the goods, at cost for Osmooze SA.

3.6 Damage or loss of the order

Whenever a product has been damaged, please make sure to annotate this at the delivery note that is accompanied with the goods and contact both your transporter and Osmooze SA. If the goods are damaged by the cause of Osmooze SA, meaning in factory, the warranty and guarantee procedure will be put into place. For all other causes (e.g. transportation) it is the responsibility of the transporter and Osmooze SA will not compensate these costs, directly and/or indirectly.

Osmooze SA will assume no responsibility for the loss of the order. Any damages resulting from this event, directly and/or indirectly are the responsibility of the transporter. Osmooze SA will assure the quickest possible way of replacing the lost goods for the due amount, only after the transporter has agreed officially to both Osmooze SA and the customer that the responsibility is his (resulting in a re-imbursement by the transporting company).

Article 4 : Payments

4.1 Mode of payment

To pay an order the customer can choose its modality of payment. The customer can choose from either:

1) A bank transfer, (only in France, emitted with a bank that has its head office in "France Metropolitaine"). You can transfer to the following bank account number:

2) A credit card (Carte Bleue, Visa, Eurocard/Mastercard, American Express) including your account number and the validity date of your card. We assure you that your payment is secure (we use an SSL cryptage system). Also we assure to you that your information is treated and stored with the maximum of care and integrity (see article 6.1 "Information").

3) A cheque (for France Only), in euros, to be send to the following address:

Please ensure that on the back of your cheque you state your order number.

4.2 Payment terms

The customer assures that 30% of the due amount, as stated in the invoice of Osmooze SA, is paid on the same day as placing the order and 70% within 30 days after delivery (taken on invoice date). Any delay, from the first working day after the due date, will result in increasing the amount with the legal interest rate per month. In case of non payment a credit management agency is handed with the file after 30 days (preceded by a letter of Osmooze SA). Any supplementary costs for the credit management agency are to be paid by the customer.

Article 5 : Guarantee

5.1 Modalities

The customer has to report, within two days, all errors to the products, such as non conformity to the order, the characteristics (either on functionality and/or on appearance) of the products and damages. This report has to be sending by mail, fax or e-mail, and should contain the following contents; the date of the delivery, the order number, the articles concerned and their quantity, the nature of the non conformity, the delivery note and a signature and stamp of the company. All reclamations that do not fit to these characteristics will be rejected.

If the documents have been received in good order, and Osmooze SA assumes its responsibility (offered in writing to the customer) Osmooze SA assures that it will try to resolute the non conformity as quickly as possible.

5.2 Guarantee   

Osmooze SA has a guarantee that is conform the legal guarantee period. This guarantee is only valid in case of a complete payment of the ordered products. This guarantee is only valid if the customer has installed and used the product conform the intended use and if the customer has maintained the product conform the user's manual maintenance instructions. This guarantee is void if cartridges are used that are not from Osmooze SA.

5.3 Handling of the guarantee

Osmooze SA will try first to replace any damaged parts of the product that has been transported, at cost of the customer, to the offices of Osmooze. If replacing parts is not solving the problem, Osmooze SA will replace the products. Osmooze SA will ship the repaired or replaced product, at cost for Osmooze SA, to the customer.

5.4 Information

Together with the returned product the customer will send a letter describing the problem, the date of purchase (with a copy of the delivery note and/or invoice) and a signature and company stamp.

5.5 Responsibility

Osmooze SA is not responsible for any of the damages that result, directly or indirectly, from the damages caused by either a non functioning product or the process of repair.

5.6 Prolonging the guarantee

Osmooze SA offers the customer to prolong the guarantee period for the piezoelectric diffuser of the MicroPulse range, in trenches of 12 months, up until 3 years after the delivery date. The guarantee covers the "fluidic heart" (solenoid valve, ventilator, and piezoelectric needle) and the "electronic board" (with all its components). The cost for this prolonged guarantee is 10.25 euro per year per diffuser and is only valid if "prolonging the guarantee by X years" was mentioned on the invoice that corresponds with the diffuser. The amount due has to be paid according to the invoice that corresponds with the products, under the same payment conditions, on the same date.

The same guarantee conditions apply for prolonging the guarantee as in the standard guarantee conditions (see above).

Article 6 : Other

6.1 Information

Our Ethics

We care for the protection of your private life. Therefore Osmooze SA treats all your information in the strictest confidentiality and the information you provide to us will not be shared or sold to other companies. We require only the necessary in formation to process your order accurately (name, address, e-mail, etc.).

Any information that is required for our direct sales transaction is stored conform the French law "informatique et libertés" n°78-17 of the 6th of January 1978. This law stipulates that the customer has the full right to access and correction of the information concerning his or her situation. The customer has the full right to send a letter or an e-mail with the access and/or correction requests to Osmooze SA Service Client, B.P. 64, 26270 LORIOL / DROME Cedex, FRANCE.

6.2 Applicable law

The current "general terms of sale" are subject to the French law. In case if litigation or reclamation the customer addresses Osmooze SA first in order to find a proper solution.

6.3 Information on the company Osmooze SA

The site www.osmooze.com and all other sites, brand names and product signatures are publication of Osmooze SA.

Osmooze SA Service Client, B.P. 64, 26270 LORIOL / DROME Cedex, FRANCE.