General terms and conditions for international private customers

1 - General information

The purpose of these general terms and conditions of sale is to govern the contractual relationship between OA Nail System Lux SARL

with registered office at 28 route de Bettembourg - 3333 Hellange- LUXEMBOURG

RCS LUXEMBOURG B212296, VAT LU29200787

Tél : +33 3.55.18.80.53

E-Mail: [email protected]

and the Customer defined below as the user of the www.oanailsystem.com website who accepts the present General Terms and Conditions of Sale.

All other conditions are only binding on OA Nail System Lux after written confirmation. The information on this site may be modified by OA Nail System Lux without prior notice. The mere fact of placing an order on the www.oanailsystem.com website implies unreserved acceptance of these general terms and conditions of sale.

2 - Period of validity of offers to sell

Products are offered for sale while stocks last. For products not in stock in our warehouse in France, our offers are subject to availability from our suppliers. In the event of an order for an unavailable product, the customer will be informed by e-mail or post as soon as possible.

3 - Product prices

Prices shown on the www.ongles-access.fr website are in Euros and exclude shipping costs. They may be modified at any time without notice.
To this price must be added shipping costs calculated according to the nature of the items ordered and the carrier selected by the customer in agreement with OA Nail System Lux. Shipping costs are specified on the screen at the end of the customer's selection of the various products, and are recalled in the order summary that precedes validation.

In the case of Colissimo delivery, a flat-rate contribution to shipping costs will be invoiced, depending on the country of shipment, subject to bulky parcels or parcels not handled by Colissimo.

The price is payable in cash on the day the order is placed. The prices charged are those applied at the time of the order, subject to typographical error (insofar as the erroneous price displayed clearly does not correspond to the real value of the product) or modification of the local VAT rate in force. Any change in this rate will be immediately reflected in the sales prices.

Depending on the legislation in force in the delivery zone, customs fees, duties and taxes may be claimed by the latter from the Customer, who will be solely responsible for the amount.

4 – Orders

If the customer wishes to place an order, he/she must first identify him/herself. To this end, they must fill in a form provided online, according to the instructions given, giving the information required for identification, and in particular their surname, first name, telephone number, postal and e-mail address, and billing and delivery address. Additional information may subsequently be requested to ensure the quality and security of the delivery. All information is presented to the customer in French.

Once the customer has chosen the products presented, he/she will validate his/her order by clicking on the "Complete order" button to confirm his/her commitment and acceptance of the General Terms and Conditions of Sale. From this moment, the order is recorded, and an order number is communicated to the customer as well as a confirmation on the screen and/or by e-mail. The data recorded by OA Nail System Lux constitutes proof of the nature, content and date of the order.

The invoice includes details of the unit price of each product excluding VAT, the total price of each product excluding VAT, the amount of VAT calculated on the total excluding VAT, and the total amount including VAT.

The availability or unavailability of a product in stock is indicated on the site (except for exceptional stock errors). In the event of exceptional unavailability of an ordered product, the customer will be informed as soon as possible and will be offered the following options:

Replacement by a substitute product of the same value
Setting up a backlog
Setting up a credit note for the value of the product
Refund of the product concerned

The customer is free to choose.

5 - Late payment

In application of article L. 441-6 of the French Commercial Code, late payment penalties are payable on the day following the settlement date shown on the invoice in cases where the sums due are paid after this date.

6 - Delivery method

Delivery is made to the address specified by the customer when placing the order. Delivery will be made by La Poste or a carrier. Delivery can only be made once the order has been validated by the customer and payment has been made in full. Any bank payment centers concerned will have given their prior agreement to payment. In the event of refusal by these centers, the order will be automatically cancelled.

We do not deliver to hotels, hospitals, military bases or secure sites, or any other temporary address!

Treatment of parcels not delivered by the carrier :

Returns for the reason NPAI (Does not live at the address indicated) :
Your merchandise will be shipped to the address you provide when confirming your order. You are therefore responsible for any error in your delivery address. Once the parcel has been returned to our warehouse, you will need to contact us to pay a new shipping charge, payable by credit card, Paypal or bank transfer, for the same amount as the original shipment, as well as the cost of returning the parcel.
Returns for NON CLAIMED reasons (the parcel was presented to you and you did not collect it within the time limit set by the Post Office).
The package will be returned to us. You will then need to contact us to pay a new shipping cost equal to the original shipping cost, as well as the cost of returning the package. Your package will then be shipped again.
REFUSED returns (you refused the parcel because the packaging was damaged or showed signs of having been opened)
If the parcel is damaged or open, you must refuse the parcel and inform us by e-mail. You must request a declaration of spoliation from the Post Office deliveryman. As soon as the parcel is back in our warehouse, we will prepare and send you a new parcel as soon as possible. Please note that the declaration of spoliation is compulsory. If you do not have this document, you will be systematically billed for new shipping costs.

Furthermore, OA Nail System Lux reserves the right to refuse any order from a customer with whom there is an ongoing dispute.

OA Nail System Lux cannot be held responsible for the consequences of late delivery by the carrier and does not entitle the customer to claim damages.

In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not under our control. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to check with your local authorities.

In all cases, when a parcel is returned, it will be held on our premises for a period of 15 days after our customer service department has contacted the customer by e-mail. If there is no news from the addressee, the order will be automatically cancelled and reimbursed after deduction of the original shipping costs, the return shipping costs (worth €8) and the processing costs (worth €10).

7 - Delivery times

Shipments are made from Monday to Friday (excluding public holidays).

Usual delivery times (except in cases of force majeure or company vacations notified on the website):

If the item ordered is available in stock, the order will be dispatched on the same day as payment if received before 12.00 pm (on a working day). After this time, orders will be dispatched on the next working day. Delivery times vary according to destination country. Shipment times will only begin from the date of receipt of payment for the order.

Guaranteed maximum delivery time (except in cases of force majeure or company vacations notified on the website):

The maximum guaranteed delivery time is 3 working days. Shipment times will not begin until payment for the order has been received.

Regional public holidays :

As our warehouses are located in Moselle (FRANCE), we would like to remind you that additional public holidays are added to the national holidays and that no shipments can be made on the following days:

Good Friday
December 26

In the event of force majeure or exceptional events (natural disasters, epidemics, strikes, etc.) delaying or prohibiting the delivery of goods, OA Nail System Lux is released from all liability. In all cases, on-time delivery is only possible if the customer's obligations to OA Nail System Lux are up to date.

Any cancellation of an order, for whatever reason, and accepted by OA Nail System Lux, will only entitle the customer to a refund of the sums paid. No compensation can be claimed for this cancellation.

In the event of damage, the customer must specify detailed reservations on the delivery slip and confirm them, within ten days of delivery, by telephone, letter or e-mail to the company OA Nail System Lux and by registered letter AR addressed to the carrier itself.

8 - Complaints

By signing the delivery note, the customer accepts the products delivered as is, and therefore no claims for damage incurred during transport will be accepted. It is the customer's responsibility to carry out all checks and make all detailed reservations on arrival of the equipment and, if necessary, to exercise all recourse against the carrier.
On receipt of the goods, the customer must immediately check their condition and conformity with the contract.

A period of 10 days provided for in article L.133-3 of the French Commercial Code entitles the consumer to whom the goods have been transported to lodge a complaint of damage with the carrier by registered letter with acknowledgement of receipt if the carrier cannot justify having given him the opportunity to check the condition of the goods delivered. A copy of this letter must be sent to : OA Nail System France - 5 rue Antoine de Saint Exupery - 57600 - Forbach

Any item missing from an order must be reported immediately to OA Nail System Lux (by e-mail and/or telephone) within 7 calendar days.

9 - Invoicing

The detailed invoice will be available in the customer area of our website until the customer account is deleted. The indication of the amount of V.A.T. enables local authorities, companies and the self-employed to reclaim it.

10 - Method of payment

OA Nail System Lux reserves the right to request a bank cheque, bank transfer, proof of identity and/or proof of address from the customer during the validation and processing of the order, to ensure the quality and security of the delivery of the parcel.

By Carte Bleue, Visa, Eurocard, Mastercard accepted in France :

Simply choose this method of payment on the payment form when validating your order.

Validating an order by credit card implies a mandate to pay the price of the order, all taxes included. Preparation of the order will begin once the bank has confirmed the validity of the payment. Thanks to our banking partner's website and the SSL protocol in place, the customer will be able to securely transmit the type of card (Carte Bleue, Visa, Eurocard, Mastercard), the card number, the date of validity, the cardholder's name (as it appears on the card) and the cryptogram on the back of the card.

This information must be transmitted immediately after validation of the order on the website, otherwise the order will be cancelled.

By Paypal :

Simply choose this method of payment on the payment form when validating your order.

Secure payment is made directly via www.paypal.com. The order will only be processed once Paypal has confirmed receipt of payment.

By bank transfer :

All you have to do is select this payment method on the payment form when validating your order. The bank details for making the transfer will be communicated in the order confirmation e-mail and will also be displayed on the screen just before the final order validation stage. Bank charges for making the transfer are at the customer's expense and should not be deducted from the order amount.

If the bank transfer is not received within 10 days, the order will be automatically cancelled.

11 - Warranty and after-sales service

All electrical appliances sold by OA Nail System Lux, excluding consumables, are covered by a 24-month return-to-work guarantee at the Forbach depot (France) for return by carrier.

The 24-month manufacturer's warranty covers repairs or replacement.

Any intervention by OA Nail System Lux beyond the second year of warranty is at its discretion. If OA Nail System Lux assumes responsibility for the warranty beyond the second year, transport and intervention costs may be invoiced to the end customer, who will be informed in advance of the precise and detailed amount of this intervention.

Depending on the product and the date of purchase, repairs will be carried out either by OA Nail System Lux or by the manufacturer directly.

In the event of the return of non-defective equipment, you will be charged a flat-rate handling and diagnostic fee of €50.00 (excl. VAT). Please check before returning that your problem is not the result of incorrect installation or use. In the event of additional intervention being necessary, an estimate will be drawn up on the basis of an hourly rate of €75.00 excluding VAT.

This warranty does not cover damage resulting from accidents, misuse, negligence or significant modification of the appearance or operation of the returned equipment. Any equipment showing even slight traces of impact or overheating will lose all warranty rights. In the event of a possible return to the manufacturer for an estimate for the repair of equipment not covered by the warranty, administrative and shipping costs may be invoiced for the return of the equipment in the event of refusal of the requested estimate.

For reasons of hygiene, used and/or opened cosmetics cannot be returned or exchanged.

In all other cases, OA Nail System Lux will only accept the return, refund or exchange of a non-defective product if, and only if, it can be resold with an unquestionable guarantee to the future purchaser of the original integrity of the product concerned.

Any return of goods, outside the cooling-off period, requires the prior agreement of OA Nail System Lux and a return slip issued by the company to the customer, which must be enclosed with the returned parcel. Goods are returned at the customer's expense and risk. Products returned by carrier without physical protection or poorly protected will not benefit from the warranty. It is therefore the customer's responsibility to protect and insure the returned product(s) during transport. Returned products MUST be sent to the address indicated on the withdrawal form. No returns delivered to a relay point or any other address will be accepted.

It is the customer's responsibility to keep all packaging and accessories supplied with the product, as well as any labels affixed to the product or its packaging, which are necessary to benefit from the warranty offered.

In accordance with Order 2005-136 of February 17, 2005 and Article R211-4 of the French Consumer Code, the provisions of the present contract may not deprive the consumer of the legal warranty which obliges the professional seller to guarantee against all consequences of latent defects in the item sold or the service rendered. This clause is only applicable in the event of full payment of the order.

OA Nail System Lux will apply the warranty to any product returned as soon as possible. However, when repairs require the product to be returned to the manufacturer, OA Nail System Lux cannot be held responsible for any delays caused by the manufacturer. OA Nail System Lux's after-sales service will select the carrier responsible for delivering the goods to the customer.

In the case of after-sales returns made available in our warehouse or in one of our approved boutiques, these will be made available to our customers during normal opening hours for a period of 1 month from the date of notification of availability. After this period, the products will become the full property of OA Nail System Lux.

12 - Right of withdrawal

From the date of delivery of your order, if you are a private individual, you have a period of 14 clear days to exercise your right of withdrawal by returning your order within this period (Consumer Code), and be fully refunded, including postage or logistics costs. However, opened, incomplete, worn, damaged or soiled products cannot be returned. For any return of goods within the withdrawal period, the customer must first complete the withdrawal form (downloadable from the website). Please note that any form returned incorrectly or with incomplete information that could prevent the return from being processed correctly will automatically result in an additional processing time of up to 7 working days in addition to the legal time limit. Returned products MUST be sent to the address indicated on the return form. No returns delivered to a relay point or any other address will be accepted.

In all cases, the customer is responsible for return shipping costs.

The withdrawal period does not apply to products listed in the French Consumer Code, Art L221-28.

The products concerned are:

Goods made to the consumer's specifications or clearly personalized.
Goods likely to deteriorate or expire rapidly.
Goods which have been unsealed by the consumer after delivery and/or which cannot be returned for reasons of hygiene or health protection.

13 - Reservation of title and liability

OA Nail System Lux retains ownership of the goods until full payment has been received from the customer. Ownership of the products is transferred to the customer upon full payment of the order. However, during the period from shipment to delivery, the risks are borne by OA Nail System Lux. However, OA Nail System Lux will be exonerated from all responsibility if one of the following cases occurs during delivery: the fault of the consumer himself, the unforeseeable and insurmountable fault of a third party to the contract or in the event of force majeure.

Failure by the customer to meet its payment obligations, for whatever reason, gives OA Nail System Lux the right to demand the immediate return of the goods delivered at the customer's expense and risk. In the event of receivership proceedings affecting the customer's company, the customer undertakes to participate actively in drawing up an inventory of the goods in its stock, the ownership of which is claimed by OA Nail System Lux. Failing this, OA Nail System Lux is entitled to have the inventory recorded by a bailiff at the customer's expense. The customer is prohibited from reselling, transforming or incorporating the goods delivered as of the date of the judgment pronouncing the receivership or liquidation of his company. OA Nail System Lux may prohibit the customer from reselling, processing or incorporating the goods in the event of late payment. In order to guarantee outstanding payments and in particular the balance of the customer's account with OA Nail System Lux, it is expressly stipulated that rights relating to goods delivered but unpaid will be transferred to identical goods from OA Nail System Lux in stock with the customer, without it being necessary to allocate payments to a specific sale or delivery. In the event of a claim, any advance payments already made shall remain the property of the seller by way of compensation.

14 - Data confidentiality

In accordance with law 78-17 of January 6, 1978, customers have the right to access, rectify and object to all their personal data at any time. To exercise this right, simply contact OA Nail System Lux or make the necessary changes via your customer account.

To comply with tax and legal obligations, OA Nail System Lux will keep a paper and computer copy of each invoice.

15 - Jurisdiction

The contractual information is presented in French and the products offered for sale comply with French and European regulations. Where applicable, it is the foreign customer's responsibility to check with local authorities regarding the use of the product he/she intends to order. OA Nail System Lux may not be held liable in the event of non-compliance with the regulations of a foreign country.