Vilkår for Bruk

These general terms and conditions (hereinafter referred to as "GTC") are concluded between the company to which this website belongs, a French company registered with the RCS of Paris under number B 890 974 140, whose registered office is located at 66 avenue des Champs-Élysées, 75008 Paris, with the trade name ohskin (hereinafter referred to as "ohskin"), and any person who has visited the website www.no-OhSkin.com and/or made a purchase, hereinafter referred to as the "User." Each purchase or visit to the site www.doveo-store.com (hereinafter referred to as the "Site") automatically implies the acceptance of these conditions in their entirety.

Beforehand, the terms used in these GTC must be defined.

INTRODUCTORY ARTICLE

Customer: any user of the Site who has a customer account on the Site and/or who purchases a Product via the Site. Every Customer is a User of the Site.

Order: the process by which the Customer selects the Products he/she wishes to purchase on the Site. This Order is final when the Customer has chosen the Products he/she wishes to receive and the delivery options and has completed the payment for these Products.

Product: means any product that can be viewed or purchased by a User on the Site. It can be a product present on the Site and not yet purchased by the User or a product that may or may not be present on the Site and has been purchased by the User.

User: any person who accesses the Site, regardless of whether he/she is a Customer.

Site: the internet page www.ohskin-store.com and all related internet pages.

ARTICLE 1 - PURPOSE AND SCOPE OF THE GTC

The purpose of these GTC is to establish the conditions under which Users have access to the Site or are allowed to use the Site.

The parties are bound by all the conditions, provisions, and policies described herein, as well as by the additional terms and conditions referred to in these GTC.

By visiting any part of this Site and/or purchasing a Product, each User agrees, without limitation or reservation, to be bound by these GTC.

These GTC are communicated to Users prior to any Order on the Site for acceptance. These GTC are considered an offer, the acceptance of which is limited to the strict conditions, provisions, and policies as described in 2) of this article.

All new tools, features, Products, and services added after the date of publication of these GTC will also be subject to these GTC.

PART 2 - CURRENT VERSION OF THE GTC

The version of the GTC that prevails is the latest version available on the Site.

ohskin is free to update, modify, or replace any part of these GTC at any time and without prior notice, to comply with any administrative order or recommendation, as well as any legal, jurisprudential, and/or technical evolution. When placing a new order, the Customer accepts the GTC in force on the date of that order. It is the responsibility of each User to regularly consult the updates to these GTC at the following address: https://ohskin-store.com/pages/cgv

The User's access to the Site and/or the use of any feature of the Site by the User after the announcement of any changes to these GTC implies that the User accepts these new GTC. If a User does not accept the GTC or their later amendments, it is the User's responsibility to refrain from any use of the Site.

ARTICLE 3 – USE OF THE SITE

The Site is hosted on Shopify, Inc., a provider of the digital e-commerce platform that allows ohskin to present and sell its Products and services.

By accepting these GTC, the User expressly declares that he/she has reached the age of majority in his/her country, state, or province of residence, and that he/she has given consent for any minor to use the Site under his/her supervision.

If the User is a legal entity, it must be duly represented, in the conditions provided by law, which it expressly acknowledges and accepts.

The User undertakes not to use the Products or services of this Site for any illegal or unauthorized purpose.

The User undertakes not to jeopardize the proper functioning of the Site by using computer means such as worms, viruses, or any other code or computer process that is harmful to the Site.

The service of the Site, its operation, as well as any part or content of the service of the Site, may be interrupted at any time by ohskin, without notice or any other prior information to the User. ohskin is not responsible for any suspension or interruption of the service, any part of the service of the Site, or its operation.

ARTICLE 4 - GENERAL CONDITIONS

ohskin reserves the right to refuse access to services to any person at any time and for any reason. Furthermore, ohskin reserves the right to limit the sales of Products or services in any geographical region or jurisdiction.

ohskin reserves the right to limit the quantities of any Products or services offered. All product descriptions or Product pricing are subject to change at any time without notice, at the sole discretion of ohskin.

ohskin reserves the right to discontinue any Product at any time.

Any offer of service or Product made on this Site is void where prohibited.

ARTICLE 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

ohskin is not responsible if the information available on this Site is not accurate, complete, or current. The content of this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content of this Site is at the User's own risk.

This Site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. ohskin reserves the right to modify the content of this Site at any time, but ohskin has no obligation to update any information on this Site. The User agrees that it is his/her responsibility to monitor changes to this Site.

ARTICLE 6 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our Products are subject to change without notice.

ohskin reserves the right to modify or discontinue the service (or any part or content thereof) at any time without notice.

ohskin is not liable to the User or any third party for any modification, price change, suspension, or discontinuance of the service.

ARTICLE 7 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain Products or services may be available exclusively online through the Site. These Products or services may have limited quantities and are subject to return or exchange only in accordance with the return policy of ohskin.

ohskin has made every effort to display as accurately as possible the colors and images of the Products that appear on the Site. ohskin cannot guarantee that the User's computer monitor's display of any color will be accurate.

ohskin reserves the right, but is not obligated, to limit the sales of its Products or services to any person, geographic region, or jurisdiction. ohskin may exercise this right on a case-by-case basis.

ohskin reserves the right to limit the quantities of any Products or services offered. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of ohskin.

ohskin reserves the right to discontinue any Product at any time.

Any offer for any Product or service made on this Site is void where prohibited.

ohskin does not warrant that the quality of any Products, services, information, or other material purchased or obtained by the User will meet his/her expectations, or that any errors in the service will be corrected.

The Products presented on the Site are offered within the limits of available stocks.

ARTICLE 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

ohskin reserves the right to refuse any order placed on the Site. ohskin may, at its sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that ohskin makes a change or cancels an order, ohskin may attempt to notify the User by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.

The User agrees to provide current, complete, and accurate purchase and account information for all purchases made on the Site. The User agrees to promptly update his/her account and other information, including his/her email address and credit card numbers and expiration dates so that ohskin can complete the User's transactions and contact the User as needed.

For more details, please review our Returns Policy.

ARTICLE 9 - OPTIONAL TOOLS

ohskin may provide the User with access to third-party tools over which ohskin neither monitors nor has any control or input.

The User acknowledges and agrees that ohskin provides access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. ohskin shall have no liability whatsoever arising from or relating to the User's use of optional third-party tools.

Any use by the User of the optional tools offered through the Site is entirely at his/her own risk and discretion and the User should ensure that he/she is familiar with and approves the terms on which tools are provided by the relevant third-party provider(s).

ohskin may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these GTC.

ARTICLE 10 - THIRD-PARTY LINKS

Certain content, Products, and services available via the Site may include materials from third parties.

Third-party links on this Site may direct the User to third-party websites that are not affiliated with ohskin. ohskin is not responsible for examining or evaluating the content or accuracy, and ohskin does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or services of third parties.

ohskin is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure the User understands them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third party.

ARTICLE 11 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION

The Customer undertakes and expressly agrees to provide all Order and account information that is current, complete, comprehensive, accurate, and truthful regarding all Orders placed on the Site.

The Customer undertakes and expressly agrees to keep all information related to their account up to date, including their email address, credit card numbers, and expiration dates, for the proper execution of the Order they have placed. ohskin's responsibility cannot be invoked in this regard.

ohskin reserves the right to limit or prohibit Orders that, in its sole judgment, may appear to come from merchants, resellers, or distributors.

ARTICLE 12 – PROHIBITED USES

The User undertakes and expressly agrees not to use the site or its content for illegal purposes, or to incite third parties to perform illegal acts, or to infringe upon or violate the intellectual property rights of ohskin as well as those of third parties, or to publish false, misleading, and/or defamatory information to the public, or to collect or track the personal information of others, or to engage in spamming, phishing, domain hijacking, extortion of information, crawling, exploring or scanning the web, or to undermine or circumvent the Site's security measures.

ARTICLE 13 – ORDER

The User can browse the site without any obligation to make a purchase. To place an order, the products must be selected by the Customer who adds them to their cart. It is not necessary for the Customer to create a personal account on the site to place an order.

Once the order is completed, ohskin confirms the acceptance by sending an email to the email address provided by the Customer during the order. The order is considered finalized once the Customer has fully made the payment, and it has been received by ohskin.

The Customer acknowledges and expressly agrees that a completed and in-progress order cannot be canceled.

When the order is finalized, ohskin undertakes to automatically send a tracking number to the Customer at the email address provided during the account registration on the site or indicated by the Customer during the order. The Customer is required to record this tracking number, and in the absence of its receipt, to check the spam and/or filters of their email inbox. The Customer acknowledges and expressly agrees that ohskin cannot be held responsible for the loss, incorrect recording, or lack of diligence in finding the tracking number by the customer.

Once the order is finalized, the products are shipped within 3 to 5 working days. The Customer acknowledges and expressly agrees that this period may be extended due to the occurrence of a force majeure event as defined in French jurisprudence and the Civil Code, or any other event that has not been reasonably under the exclusive control of ohskin.

ohskin undertakes to fulfill validated orders, within the limits of available stocks from our suppliers. The User acknowledges and expressly agrees that ohskin reserves the right to refuse any order placed by a User in the event of stock shortage or due to the occurrence of a force majeure event as defined in French jurisprudence and the Civil Code, or any other event that has not been reasonably under the exclusive control of ohskin, including the excessive and sudden increase in ohskin's order book for one or more products.

The User acknowledges and expressly agrees that ohskin reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

In case of modification or cancellation of an order, ohskin notifies the Customer by contacting them by email and/or by the phone number provided by them and/or by postal mail to the billing address.

ARTICLE 14 – DELIVERY, EXCHANGE, RETURN

Delivery costs are displayed to the Customer during the order. The Customer must accept them at the time of validating the order.

The Customer acknowledges and expressly agrees that delivery costs depend on the territory of the product's delivery address.

As ohskin relies on external providers (carriers, postal services, logistics and various delivery providers) for the dispatch and delivery of products, it depends on these third parties and is entirely dependent on them. Therefore, the User acknowledges and expressly agrees that the dispatch and delivery times indicated on the site and in these T&Cs may be extended due to these third-party providers without ohskin being responsible for delays in delivery and any consequences that may arise from them.

According to the provisions of Article L.221-28 of the Consumer Code, the Customer acknowledges and expressly agrees that products cannot be subject to an exchange or refund request unless the delivered products are defective within the meaning of the Civil Code, i.e., if the products do not offer the safety that a standard person can legitimately expect. In this case, the Customer must provide all evidence of the product's safety defect to ohskin as soon as possible, failing which ohskin will not proceed with any exchange or refund, which the Customer acknowledges and expressly agrees.

Product delivery takes place within a period of 2 to 10 working days after the product is shipped. The Customer is informed that, on average, products are delivered within 4 working days after the product is shipped.

The User acknowledges and expressly agrees that a temporary out-of-stock situation, generated by high demand, may delay the shipment of products and increase the delivery time by 1 to 6 working days.

ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL WARRANTIES

The User acknowledges and expressly agrees that ohskin's liability under the obligations of these T&Cs cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is a foreseeable event, the fault of the Customer, or the occurrence of a force majeure event as defined in French jurisprudence and the Civil Code, or any other event that has not been reasonably under the exclusive control of ohskin.

The User acknowledges and expressly agrees that ohskin disclaims all liability for damages of any kind resulting from the use of the site or the ordering of products. This may include damages resulting from the interruption of the site's service, or its slowdown, or its security and data protection breach, or errors present on the site, or harm to the reputation and image of the User and/or the Customer due to the aforementioned failures. ohskin cannot be held responsible for any interruption of all or part of the site regardless of the cause, duration, or frequency of this interruption.

The User acknowledges and expressly agrees that their use of the site, or their inability to use it, is at their sole risk. The site is provided "as is," and the products and services are provided "as is" and "as available" for the use of the User.

ohskin, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors cannot in any case be held responsible for any injury, loss, claim, or any type of damages, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tortious (even in case of negligence), strict liability or otherwise, resulting from the User's use of any service or product from the service, or regarding any other claim related in any way to the User's use of the service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, ohskin's liability will be limited to the maximum extent permitted by law.

In accordance with the provisions of the Consumer Code, the Customer has a period of 14 clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except for return costs. The right of withdrawal can only be exercised if the products have not been unpacked, opened, damaged, or used by the Customer; otherwise, the products cannot be returned.

The period runs from the day of receipt of the goods by the Customer. The Customer contacts ohskin at the email address contact@ohskin-store.com as soon as possible to notify them of the exercise of their right of withdrawal.

In the event of a successful withdrawal by the Customer, ohskin undertakes to refund all sums received for the order placed by the Customer within 14 days following the receipt of the products by ohskin.

If ohskin finds that the product returned by the Customer is damaged, worn, or in a condition not corresponding to that of the shipment, no refund will be made by ohskin. This rule also applies in the absence of the original label or packaging.

ohskin is responsible for the conformity of the products upon delivery, and the Customer can assert non-conformity of the delivered product within the meaning of Article L.217-5 of the Consumer Code.

The Customer has a period of 2 years from the delivery of the product to report any non-conformity to ohskin and choose whether to repair or replace it. In accordance with Article L.217-8 of the Consumer Code, ohskin reserves the right not to follow the Customer's choice if it results in a cost that is manifestly disproportionate to the other option, taking into account the value of the product or the significance of the defect presented by the product.

ohskin guarantees the Customer against hidden defects in the product in accordance with Article 1641 of the Civil Code.

The Customer's warranty is expressly excluded in the event of deterioration or degradation of the product due to non-compliant use for its intended purpose or by the Customer. This includes, without limitation, failure to follow the product's instructions for use, such as unusual handling or lack of diligence in the proper use of the product by the Customer or a third party, the transportation of the product, or its exposure to substances incompatible with the use of the product, modification, handling, customization of the product by the Customer or a third party.

The warranty is expressly excluded in the event of the product being returned by the Customer in a condition other than that of the product's delivery. The warranty applies only if the product is returned with the original packaging, accessories, user manual, labels, and all other elements present at the time of product delivery.

ARTICLE 16 - INDEMNIFICATION

The User expressly agrees to indemnify, defend, and protect ohskin as well as its parent company, subsidiaries, affiliated companies, partners, managers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns, and employees, regarding any demand or claim, including (reasonable) attorney fees, from a third party based on the User's violation of these T&Cs or the documents referenced by them.

ARTICLE 17 – SEVERABILITY

In the event that a provision of these T&Cs is deemed illegal, void, or unenforceable, this provision should be considered severed from the other provisions of these T&Cs, which will remain valid and enforceable. This severance should not affect the validity and enforceability of all remaining provisions.

ARTICLE 18 – TERMINATION

The obligations and responsibilities incurred by the parties before the termination date of these T&Cs will remain in effect after the termination of this agreement for all purposes.

These T&Cs are effective unless and until terminated. The User can terminate these T&Cs at any time by notifying ohskin that they no longer wish to use ohskin's services or site.

The User acknowledges and expressly agrees that if they fail, or if ohskin suspects that the User has been unable to comply with the terms of these T&Cs, ohskin may terminate this agreement at any time and without notice, in which case the User will remain liable for all amounts up to the termination date (inclusive), and/or their access to ohskin's services and/or the site will be denied (or any part thereof).

ARTICLE 19 – NON-WAIVER

The failure of ohskin to exercise the rights granted to it by these T&Cs shall not be construed as a waiver of the exercise of said rights.

Any ambiguity regarding the interpretation of these T&Cs should not be construed against the drafting party.

ARTICLE 20 – APPLICABLE LAW

These T&Cs, as well as any other separate agreement through which ohskin provides services, will be governed and interpreted under the laws in force in France, which the User expressly acknowledges and agrees to.

ARTICLE 21 – CONTACT INFORMATION

Users can ask questions about these T&Cs at the following email address: contact@ohskin-store.com

ARTICLE 22 - RIGHT OF WITHDRAWAL

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and the delivery costs will be refunded. Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 5 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions specified above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • for the supply of goods made to the consumer's specifications or clearly personalized;
  • for the supply of goods liable to deteriorate or expire rapidly;
  • for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
  • for the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and strictly necessary work to meet the emergency;
  • for the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
  • for the supply of a newspaper, periodical, or magazine, except for contracts for subscriptions to these publications;
  • for the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.