Terms and conditions of sale
THIS TRANSLATION IS PROVIDED FOR PRACTICAL REASONS. HOWEVER, ONLY THE FRENCH VERSION WILL BE CONSIDERED AS THE OFFICIAL ONE.
The company OXEMIS (hereinafter referred to as the SELLER) is registered in the trade register under the number RCS Lille 478 795 958.
Its postal address is 132 allée Hélène Boucher, 59118 WAMBRECHIES and its e-mail address is email@example.com (below THE VENDOR’S ADDRESS).
Any order taken under a product appearing in the online store of the site shakelist.io (hereinafter THE VENDOR SITE) assumes the consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present. This click is a “digital signature”.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by THE SELLER to the consumer.
The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.
Proof of transaction:
The electronic registers, kept in the computer systems of the company LE VENDEUR in reasonable conditions of security are considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Payment must be made with the order. It is possible to open an account within our company, but in any case, the payment must accompany the first order.
The Price is payable in full, net and without discount, and is due upon receipt by Oxemis of the Customer’s order. The Products remain the property of Oxemis until full payment of the Price has been received and will only be delivered to the Customer once Oxemis has received full and effective payment. The payment of the Price is carried out according to the means of payment chosen at the time of the order: check, transfer, bank card or Paypal.
Payment by check
In case of payment by bank or postal check, it must be issued by a bank domiciled in metropolitan France or Monaco. Only checks made out in euros are accepted. The check is cashed upon receipt of the check. The check must be made out to Oxemis SARL and sent to Oxemis – 132 allée Hélène Boucher – 59118 WAMBRECHIES.
Payment by wire transfer
Only wire transfers in euros are accepted.
Account name : Oxemis SARL
Name and address of the bank: Caisse d’Epargne Nord France Europe
Account number : 16275 00600 08104273915 61
For payments from abroad and EEC :
IBAN : FR76 1627 5006 0008 1042 7391 561
Code BIC : CEPAFRPP627
The text of the wire transfer must imperatively mention your name and your order number.
Payment by credit card
The credit card used must be a Visa, MasterCard or other credit card bearing the CB symbol. The card is debited immediately.
Right of withdrawal:
The right of withdrawal applies only to physical persons.
A free trial of our services is available on our site which allows users to make an informed purchasing decision. Before deciding to subscribe to any of our services, you declare that you are satisfied that the service meets your needs.
Our products being delivered as consumable services and in order to fight against any abusive use, no refund will be granted once the service is consumed (even partially).
By providing a free trial, you are considered satisfied with the service BEFORE you buy it. No exceptions to this rule will be made.
By accepting these terms and conditions, you confirm that you agree that no refund is possible once the purchase has been made and the service consumed (even in part).
Duration of validity of ordered credits
The credits purchased are valid for 12 months from the date of purchase. If new credits are purchased before the expiration date, the remaining credits will be renewed for 12 months from the new purchase date. This renewal is considered as a commercial gesture, the renewed credits can thus not give place to any refund.
The number of credits the customer can use each day may be limited for performance and/or quality of service issues. Similarly, the maximum number of items analyzed in a file can also be limited for the same reasons. Oxemis will inform the customer of these restrictions before the purchase on its website and also undertakes to notify the customer by e-mail of any change in these volumes.
Oxemis may interrupt access to the service, in particular for maintenance and upgrade reasons, or for any other reason, especially technical.
Oxemis cannot be held responsible for these interruptions and the consequences that may result for the subscriber.
Restrictions on files used by the client
The client expressly agrees to only analyze data collected in compliance with the legislation in force in France and/or that of his country if it is more restrictive.
Oxemis may refuse to analyze a file on its platform if the quality of the file is considered questionable and/or could jeopardize the quality of the platform.
Oxemis se réserve le droit de suspendre le compte du client pour préserver l’intégrité de sa plateforme ainsi que sa qualité de service.
It is the customer’s responsibility to ensure the legality of the file used. It must be able, upon request from Oxemis or any legitimate authority, to provide all the elements necessary to verify the legality of this address file. In case of non presentation of the elements Oxemis reserves the right to remove the customer’s right to use the platform and associated services without any refund or financial compensation.
Usage rights :
The use of trademarks on the site is strictly forbidden.
Oxemis does not warrant that the Products provided are suitable to meet the Customer’s needs. It is the Customer’s responsibility to carefully and accurately assess his or her needs, to evaluate their suitability for the Products ordered, to ensure that he or she has the particular skills required to use the Products and, where applicable, that the configuration of his or her equipment meets the minimum requirements.
The Customer expressly acknowledges that despite all the care taken by the publisher, the software is never totally free of bugs.
The Customer is solely responsible for the use of the Products and Oxemis cannot be held liable in any way for the consequences of this use.
The Customer undertakes to use the Products purchased in accordance with the laws and regulations in force. The Customer guarantees Oxemis in this respect as well as against any claim, demand or action by a third party claiming that the use of the Products by the Customer infringes the Customer’s rights, violates a legal or regulatory provision, or causes damage to the Customer.
Oxemis guarantees that the Products it distributes comply with French legislation. In case of delivery outside of France, Oxemis cannot be held responsible in case of non-compliance with the legislation of the country where the Product is delivered.
Oxemis shall in no way be held responsible for the consequences of the use of the Products with regard to the Customer or third parties, whether direct, indirect or unforeseeable damage, such as loss of clientele, financial loss, lost profit, inaccuracy or corruption of data or files.
The Customer agrees to take all necessary measures to protect its own data, software and computers from viruses that may be circulating on the Internet or contained in a Product purchased from Oxemis. Oxemis shall not be liable for any damages that may be suffered by the Customer as a result of computer viruses.
Oxemis is only bound by an obligation of means and without obligation of minimum performance.
In all cases, the damages and interest that could be charged to Oxemis in the event of its liability being brought into play cannot exceed the price actually paid by the Customer for the purchase of the Product concerned.
Force majeure :
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, impeded or prevented by force majeure. Will be considered as a case of force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten business days of becoming aware of such circumstances.
The two parties will then meet, within a period of three months, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the force majeure event lasts longer than one month, these terms and conditions may be terminated by the injured party.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport, earthquake, fire, storm, flood, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Partial non-validation :
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a claim to the obligation in question.
Applicable law :
The present general conditions are subject to French law. This is true for both substantive and formal rules.
In case of dispute or claim, the consumer will address in priority to the SELLER to obtain a friendly solution.
Protection of personal data:
All the data you provide us with is used to process your orders.
Under Law No. 78-17 of January 6, 1978 relating to data, files and freedoms, you have a right to the SELLER to rectify, consult, modify and delete data that you have provided us. This right can also be exercised online.
Any order placed through the SELLER SITE implies the customer’s adherence, without any restriction, to the SELLER’s general conditions of sale.
In case of sale to a legal entity, any dispute relating to the sale (price, GTC, products…) will be subject to French law before the Commercial Court of the SELLER’s registered office.