General terms of sale

Identification

The present conditions are concluded between on the one hand:

Ovio Instruments
Simplified joint-stock company with a capital of 100 000 € (one hundred thousand euros)
Intra-community VAT : FR92 498 317 965
SIREN : 498 317 965 RCS Versailles

Adresses :
Ovio Instruments
Headquarters : Parc Ariane – Batiment Jupiter 08
78280 GUYANCOURT – France
Customer Service and After-Sales Service : 468, rue Jacques-Monod
CS 21900, 27019 Évreux CEDEX France

And on the other hand any Buyer of products distributed by this company via its website www.ovio-optics.com.

The act of placing an order for these products implies the Buyer’s full and unreserved adherence to theses General conditions of sale to the exclusion of any other document. Any contrary condition put forward by the Buyer, without express acceptance, shall be inapplicable to OVIO Instruments. Refraining from invoking any of the clauses herein at any given time shall not constitute a waiver of the right to invoke these same clauses at a later date.

For orders placed on the website www.ovio-optics.com, an order confirmation in the form of a detailed acknowledgement of receipt is sent to the email address indicated by the Buyer. This acknowledgement of receipt constitutes evidence of content and date of the order.

If a condition is found to be lacking, it would be considered as governed by currently prevailing practices in distance selling for companies whose registered office is located in France.

The Ovio Instruments Company undertakes to comply with all provisions of the Consumer Code relating to distance selling, as well as those of the Professional Code.

Furthermore, OVIO Instruments reserves the right to any order from a customer with whom there would be a dispute relating to the payment of a former order



Tarif

1) Price

All prices are quoted in euros and are subject to change depending on the variations in the price of raw materials, given that the ordered products are charged at the price prevailing at the recording of the order. In addition, the prices displayed per unit are expressed in euros inclusive of VAT.

2) VAT

The VAT rate used for calculating the sale prices inclusive of tax found on the website is the prevailing rate at the date of the catalogue printing, namely, according to the products, the reduced rates of 5.5%, 10% or the normal rate of 20%. In the VAT rates change, between the quotation date and the device date, the Ovio Instruments Company may adjust the sale prices inclusive of tax depending on the VAT rates change. Similarly, any change in the VAT rates between the date of registration of an order and the date of the corresponding invoice, may be fully passed on to the customer.

3) Shipping Charges

The contribution to packaging and shipping charges is required in addition to the price of the product ordered. The amount of the contribution invoiced is that in effect at the date of registering the order, and is 12 € TTC including VAT for metropolitan France. It is free of charge with all orders exceeding € 330 € incl. Tax or with all online orders exceeding 80 € TTC including VAT.

4) Exportation

Requests for equipment made via the website www.ovio-optics.com and which invoicing and/or delivery will be done outside metropolitan France, will be handled by our distributor authorized to manage the exportation of our products. The latter will transmit every quote including the transportation costs and ensure the orders processing and follow-up.
These transportation costs will be calculated according to the country of destination. An initial quotation will be sent for approval by the customer. It will include packaging and delivery to the mentioned shipping address (excluding customs and other local taxes). Additional administrative costs may be requested depending on the documentary requirements of the country of destination.

5) Title Retention

The Ovio Instruments Company reserves the property of goods delivered until the full payment of all sums owed by the Buyer. The simple signature by the Buyer of the purchase order or the goods delivery note constitutes full acceptance of the present title retention clause.


Delivery

Availability

The Ovio Instruments Company undertakes to fulfill the received orders subject to availability of the products within its own stock, and without risk of default by one of its suppliers. In case of unavailability of a product after an order is made, the Ovio Instruments Company undertakes to immediately inform the customer and indicate the estimated period needed for reception of this product. The order may be cancelled if the customer wishes so.

Transportation

The equipment transportation is entrusted to freight forwarders or transporters chosen by the Ovio Instruments Company, and are specialists in lot, courier and single packages. In case of special shipping requests, the Buyer will be charged for the costs arising..

Delivery Time

The time limits indicated correspond to the processing times, from the order until the delivery. In case of items shipped on different dates due to their availability, the delivery time is grounded on the longest delay. The Ovio Instruments Company reserves itself however the possibility of fragmenting the deliveries. In this case, the share in the expenses of forwarding will be invoiced only for one sending.

Tailor-made conditions thanks to adapted formalities
(only available for deliveries in metropolitan France)

Express delivery, within 48 hours* :

Upon request, for all orders placed before 12am, we undertake to deliver your parcels within (48) forty eight hours (working days).
Extra charge 7 € TTC including taxes.

Normal delivery within 8 days* :

Whatever your order means, delivery is made within (8) eight working days.
Shipping fees 12 € TTC including taxes.

Specific date delivery :

Do you wish to receive your product on a specific date, at the start of the school year for example ?
Tell us the date of your choice and the delivery will be made in the week you have indicated.

Delivery Terms :

Bulky items exceeding (thirty) 30 kg and specific products have particular shipping conditions.
* Service reserved to metropolitan France, subject to availability of the products and depending on your validated payment methods and terms. In case of unavailability of a product, the latter shall be shipped when supplied and without additional cost.

Product Returns: the Coli'facil® Kit

For simple and secure products return, use the Coli'facil® kit.
The Coli'facil® kit contains a protective carton and the shipping costs. There is nothing else you need to do with the transporter.
Kindly contact our after-sales service to choose an appropriate format and learn about the flat rate.

Receipt

The consignee shall check the external condition of the parcels upon receipt, in the presence of the transporter. In any case, the content of all parcels shall be verified within (72) seventy two hours.

Should any irregularity be encountered at the time of delivery (damaged or missing package, breakage, damage, etc.), it should be called to attention by a handwritten note on the delivery order, with specific and signed reservations, and confirmed by certified mail addressed to the transporter no more than (72) seventy two hours after the time of delivery. A copy of this mail shall also be sent to the Ovio Instruments Company in the same time-frame.

For deliveries outside Metropolitan France, shipments are insured against all risks, unless otherwise agreed. The consignee is responsible for making the usual reservations within 48 hours with the transporter. Under the terms of the transport insurance policies general conditions, the equipment remains insured for a maximum period of (14) fourteen days following a notice for arrival sent to the consignee by the transporter. The Buyer is responsible for carrying out the procedures of customs clearance during this period. Hereafter, the equipment is not ensured and no reimbursement may be made, namely in case of breakage, missing package or damages.

In case of DAMAGES or MISSING PACKAGE, oral reserves even confirmed by letter, as well as the expression “subject to unpacking” have no legal value.

It is ESSENTIAL to successively carry out the two following operations:
1) Write the PARTICULAR RESERVES on the discharge form in the presence of the delivery person.
2) Confirm these reserves within (72) seventy two hours by confirmed letter to the TRANSPORTER and inform the Ovio Instruments Company of this fact.


Regulation

Our invoices are payable by one of the following means:


Secure Payment :

Being fully aware that security is a main issue for any purchase act, Ovio Instruments offers several secure payment means in order to always simplify, fluidize and ensure a higher security level in your purchases on our website. For this reason, we have chosen to offer the following payment means (may be inactive depending on the country).

Credit Card Payments :

Payment method valid for all customers (Exportation: Depending on the country)
Enjoy the guarantees proposed by the main networks Visa, Carte Bleue and MasterCard for the protection of your online purchases. For optimal security, we have chosen to help protect your from fraud through 3D Secure authentication (which activates depending on the amount of your order). When buying on our website by credit card, the 3D Secure authentication (along with the SSL encryption), will allow you to pay confidentially, securely and with great serenity. Its operation is connected to your bank which makes sure that you are the true owner of the payment means (card) used. Your order will be shipped upon payment confirmation and depending on the chosen delivery type.


Payment by Paypal :

Payment method valid for all customers
With Paypal, your financial information is never communicated as such to Ovio Instruments. Paypal encrypts and protects your card number. You may thus safely pay online by providing only your email address and the associated password. Your order will be shipped upon payment confirmation and depending on the chosen delivery type..


Payment by Bank Transfer :

For any payment by bank transfer and in order to learn about our payment terms, kindly contact us directly on +33 1 71 49 10 70 (From Monday to Friday, from 6.30 to 3.30 pm - UTC)
Your company/institution does not benefit from payment terms previously negotiated and confirmed by Ovio Instruments, you order will be shipped as soon as the payment reaches our account depending on your chosen delivery type. Kindly mention your purchase order number along with your customer reference in the title of your transfer.
Your company/institution benefits from payment terms previously negotiated and confirmed by Ovio Instruments, you order will be shipped upon validation and depending on your chosen delivery type. The transfer will be made within 30 days end of the month, billing date. Kindly mention your purchase order number along with your customer reference in the title of your transfer. In case of previous unpaid payments or deterioration in credit, Ovio Instruments reserves the right to modify payment periods, suspend current orders and/or require full payment before delivery, pending the receipt of a sufficient bank guarantee from the customer.


Payment by Check :

Payment method valid for all customers in metropolitan France
For payment by check, kindly send your payment to the following address associated with your purchase order as well as your customer reference :
Ovio Instruments
Customer Care and After-Sales Service
468, rue Jacques-Monod
CS 21900, 27019 Evreux CEDEX France
Your order will be shipped as soon as the payment reaches our account and will be delivered depending on the chosen delivery type (except particular terms previously negotiated with Ovio Instruments).


Payment by Administrative Mandate upon Invoice Receipt :

Reserved only for schools (same procedure as for transfers).

Guarantees

All products delivered are, from the shipment date, contractually guaranteed against any manufacturing defect for use under normal conditions (referred to in the box below and which texts are specified in Annex 1 of these Conditions). Only the replacement of defective parts, the repair and the charges of return shipping to the Buyer shall be borne by the Ovio Instruments Company. The duration of the contractual warranty is of three years, unless otherwise noted (especially electronic devices, microcomputers, CD for which the guaranteed period may be shorter).

This warranty does not cover:
• replacement of consumables (batteries, bulbs, fuses, etc.),
• replacement of glass parts (lamps, tubes, etc.),
• replacement of normally used parts,
• abnormal or improper use of products,
• defects and their consequences related to any external cause.

In any event, this guarantee shall not preclude the legal guarantee of conformity provided in Articles L. 211-1 of the Consumer Code, and the guarantee against the latent defects of Articles 1641 of the Civil Code.

The provisions of this Article do not prevent you from benefiting from the withdrawal right defined in the section "Money-back Guarantee and Right of Withdrawal" – See Annex 2


Responsibility

The products, materials, appliances and equipment sold by OVIO Instruments are designed for educational purposes and intended to be used by often inexperienced young students. They are in compliance with the French legislation in force at their shipping date. They must be used in accordance with the provided operating instructions, where appropriate.

The Ovio Instruments Company is not responsible in case of change made without its prior approval, on any product, material, appliance or equipment sold, or in case of abnormal use not in accordance with the instructions provided.

The photographs or graphics reproduced in the sales media of the Ovio Instruments Company are not contractual. Therefore, the Ovio Instruments Company shall not be held liable in case of significant difference between the product ordered and that received.

The Ovio Instruments Company shall not be held responsible for the direct or indirect consequences of a late delivery, operating, profit and opportunity losses.

The Ovio Instruments Company cannot be held responsible in case of total or partial inability to use the products because of incompatible hardware.

Responsibility for processing e-waste: for any equipment concerned by Decree No. 2005/829 on the disposal of e-waste under Article 1 of the Decree, the organization and financing of the removal and processing of e-waste object of the present sale contract are transferred to the Buyer who accepts them. The customer will ensure the collection, processing and recovery of the equipment in accordance with Article 21 of the aforesaid decree.


Intellectual Property

All elements, brands, drawings, models, logos, graphics, or others, appearing on the products mentioned in the sales media of the Ovio Instruments Company are owned exclusively by the latter or its suppliers and are not in any way likely to be appropriated.

The content of some products may be subject to copyright. Any use of these products or their content in infringement with the intellectual property right is subject to punishment by virtue counterfeiting


Money-Back Guarantee

If any of the products is not in accordance with the Buyer’s expectations, the latter may, within fourteen (14) days of receipt of this product, return it to the Ovio Instruments Company, the Buyer shall still be liable for the return costs. This product will then be, at the Buyer’s option, exchanged or refunded from all of the concerned sums paid including the delivery charges, within fourteen (14) days from the date of return of the product. The present right of return only applies to complete products in their original condition (packaging, accessory, notice, etc.), with the original delivery note, duly completed on the back.

To exercise your right of withdrawal in accordance with the legal provisions in force, you may visit your dedicated space: "Claim Form" and do not omit to mention the type of retraction reason (see drop-down list), or send us the completed application form (see Annex 2 ). You may exercise your right of withdrawal by any means at OVIO Instruments, mainly by post or email expressing your desire to retract without ambiguity, and mentioning the order concerned by this retraction. For postal shipping, kindly send your enquiries to:

Ovio Instruments
Customer Care and After-Sales Service
468, rue Jacques-Monod
CS 21900, 27019 Evreux CEDEX France

Once the form or the withdrawal declaration sent to OVIO Instruments within a maximum period of fourteen (14) days following reception of the order, you must return the concerned product(s) to OVIO Instruments, in a reasonable time frame and, no later than fourteen (14) days after sending the form or retraction declaration to OVIO Instruments. You may also cancel a finalized order as long as it has not be sent to preparation for shipment. To find out, simply contact the customer care ((+33 1 71 49 10 70)) and mention the number of your order.

  1. 1. Products excluded from the right of withdrawal :
    This right of withdrawal does not apply to living or preserved biological materials, products that are immediately reproducible, unsealed (software, CD, DVD, videos, etc.), as well as products made to the customers specifications or clearly personalized (mainly custom-made furniture).

In case of exchange, the shipping charges of the new product are the responsibility of OVIO Instruments. Concerning the products delivered outside Metropolitan France, the Buyer must contact the export service of OVIO Instruments before any step, in order to help it better enforce its right of return to respond to the complexity of customs formalities.

Contact the export service :
Phone.: +33 1 71 49 10 70 (From Monday to Friday, from 6.30 to 3.30 pm - UTC)
email :Ovio Instruments After-Sales Service


After-Sales Service

For any information or question, the Customer Care of the Ovio Instruments Company is reachable :
Phone.: +33 1 71 49 10 70 (From Monday to Friday, from 6.30 to 3.30 pm - UTC)
Fax : +33 2 32 29 43 24 Via the website of the Ovio Instruments Company : www.ovio-optics.com
Via email : Ovio Instruments After-Sales Service
Par courrier :

Ovio Instruments
Customer Care and After-Sales Service
468, rue Jacques-Monod
CS 21900, 27019 Evreux CEDEX France

Caution: for any return of material to the After-sales service, it is necessary to call beforehand

1) Products, Devices Manufactured by the Ovio Instruments Company

The Ovio Instruments Company undertakes to carry out repairs and/or provide spare parts (after possible quote) for a three-year period after the cessation of sales of the products by the Ovio Instruments Company. After this period, repairs can only be carried out and spare parts provided to the extent that they can be supplied.

2) Products, Devices not Manufactured by the Ovio Instruments Company

The Ovio Instruments Company can only ensure repairs and/or supply spare parts to the extent that its suppliers will give it the possibility.


Applicable Law and Jurisdiction Clausen

The present conditions are subject to French law. Any dispute between the Ovio Instruments Company and the Buyer shall come under the exclusive jurisdiction of the Commercial Court, to which they expressly grant jurisdiction, notwithstanding any contrary clause, plurality of defenders and/or appeal in guaranty, even for urgent procedures or protective summary procedures or by petition. The domiciliation or the place of payment appearing on the commerce bills neither carry a novation, nor derogation from this jurisdiction clause.


Personal Information

The Ovio Instruments Company shall not disclose to any third parties any of the information communicated to it. They are confidential and will only be used by the internal departments of the Ovio Instruments Company for processing orders, and to enhance and customize communication as well as its offer of products and services.
According to the Data Protection Act, every person has the right to access, correct and oppose data concerning them.


Modification of the General Conditions of Sale

The Ovio Instruments Company reserves the right to adapt or to modify at any time the present general conditions of sale. The new general conditions of sale shall only apply, when deemed necessary, to sales conducted after the said changes


Annex 1

Article L. 217-4 Consumer Code
The seller is required to deliver goods that comply with the sales contract and shall be liable for any lack of conformity at the delivery time.
The seller will also respond to defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his responsibility by the contract or have been produced under his responsibility.
Article L. 217-5 Consumer Code
The good is in compliance with the contract :
1/ If it is appropriate for the use normally expected for such a good and, where appropriate:
- if it complies with the description given by the seller and possesses the qualities which the latter has held out to the buyer as a sample or model;
- if it has the qualities that a buyer might legitimately expect in view of public statement made by the seller, the producer or his/her representative, mainly in advertising or labelling;

2/ Or if it has the features defined by mutual agreement between the parties or is suitable for any special requirement of the buyer, which was made known to the seller and which the latter agreed to.

Article L217-12 Consumer Code
Action resulting from defects in conformity lapses after two years from the date of delivery of the good.

Article L. 217-16 Consumer Code :
When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a rehabilitation covered by the guarantee, any downtime of at least seven days will be added to the warranty’s still remaining term. This period runs from the intervention request of the buyer or the provision for repair of the good in question, if this provision if subsequent to the intervention request.

Article 1641 Civil Code
A seller is bound to warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 of the Civil Code, first paragraph
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.


Annex 2 – Withdrawal Form

Kindly complete and return this form only if you wish to withdraw from your order placed on our website (products sold and shipped by OVIO Instruments) – expect exclusions or limitations in the exercise of the right of withdrawal according to the applicable general conditions of sale.


To the attention of :

Ovio Instruments
Customer Care and After-Sales Service
468, rue Jacques-Monod
CS 21900, 27019 Evreux CEDEX France

I hereby give notice that I withdraw from our contract of
sale of the following goods / provision of the following service*
Je vous notifie par la présente ma rétractation du contrat portant
sur la vente du bien / pour la présentation de service* ci-dessous :
Ordered on …………………………………….. / Received on ……………………………………………………………….. *
Order number : ……………………………………………………………………..
Name of the consumer(s) : ………………………………………………………………..
Address of the consumer(s) : ………………………………………………………………..
Signature of the consumer(s) (only in the case of a paper notice of the present form) :


Date : ………………………………………………………………..


* : Delete as appropriate



Annex 3 – Receipt of Return for Repair

In order to be able to deal with your request in the best conditions, kindly follow the return procedure instructions before returning your product.