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OXY’PHARM LEGAL NOTICES
OXY’PHARM products are intended for professionals.
We encourage all users of our products to carefully read the instructions in the manuals and user guides.
The website www.oxypharm.net is the property of the company OXY’PHARM.
Head office: OXY’PHARM 829 rue Marcel Paul, 94500 CHAMPIGNY-SUR-MARNE
Share capital: 300,000 euros
Intra-Community VAT No.: FR74448974253
Trade and Companies Register: Créteil 448 974 253
Individual business identification no. (SIRET): 44897425300024
Telephone: +33 1 45 18 78 70
Personal data protection policy
The individual responsible for processing personal information is Lucie Rouleau.
In compliance with Article 3 of the French Data Protection Act of 6 January 1978, you have the right to access, modify, correct and delete any of your personal data. You can exercise this right by simple request by email or by post.
Website content and intellectual property
The information provided on http://www.oxypharm.net is for information purposes only.
OXY’PHARM cannot guarantee that the information published on the website is accurate, complete or up to date. Information on this website may contain technical inaccuracies or typing errors. This information may change periodically and changes will be incorporated in new editions.
OXY’PHARM may make improvements or changes to the products, programs or services described on this website at any time without prior notice. Any reproduction, representation, modification, publication, transmission, misrepresentation, whether it be total or partial, of the website or its contents, by any process whatsoever, and on any medium whatsoever is prohibited.
Any unauthorised use of the website or its content, or of the information disclosed therein, will engage the responsibility of the user and will constitute an infringement sanctioned by articles L 335-2 and following of the Intellectual Property Code.
The same applies to any databases on the website, http://www.oxypharm.net which are protected by the provisions of the law of 1 July 1998 transposing into the Intellectual Property Code the European Directive of 11 March 1996 on the legal protection of databases. In this respect, any reproduction or extraction would engage the responsibility of the user.
The website http://www.oxypharm.net gives access to other sites via hyperlinks. As OXY’PHARM is not the manager of these sites, it cannot control their content. As a result, OXY’PHARM cannot be held responsible for the content of sites that are accessible in this way, or for the possible collection and transmission of personal data, installation of cookies or any other process for the same purpose, carried out by these websites.
This website is optimised for a screen resolution of 1024 x 768 and for Internet Explorer version 7 and above / Firefox version and Chrome.
Photo credits: OXY’PHARM
All rights reserved – Non-contractual photos
Design and production of the website: OXY’PHARM
GENERAL CONDITIONS OF SALE
These general terms and conditions of sale apply, notwithstanding any clauses to the contrary, to sales by OXY’PHARM of its equipment, new or used, and products, the signing of the order form by the customer, which implies acceptance of this form without reservation, for which the customer declares their awareness.
1. FORMATION OF THE CONTRACT
Only orders duly accepted by our management will be binding to OXY’PHARM; the commitments made by our representatives and salesmen are subject to ratification by our management. If the order is subject to a deposit, the date of the order shall be deemed to be the date of receipt of the deposit.
2. CHARACTERISTICS OF OXY’PHARM DEVICES AND PRODUCTS
OXY’PHARM reserves the right to modify its equipment and to apply these modifications to equipment ordered and not yet delivered, at its only option.
However, the purchaser may not obtain from OXY’PHARM the obligation to apply any modifications to the equipment and products ordered and not yet delivered.
All indications or other data concerning the technical nature and price of OXY’PHARM’s goods, as they appear in notices, catalogues and advertising documents of any kind, will in no way be contractual, as they are simply given as an indication, OXY’PHARM reserving the right to modify them at any time.
It is the customer’s responsibility to check the goods on delivery; this control must include the references, quantities and quality of the goods as well as their compliance with the order. No claims will be considered after a period of fifteen days from the date of delivery.
Goods showing a non-compliance that is not contested and reported within this period shall be replaced or repaired, to the exclusion of any compensation whatsoever. Similarly, if it appears that the goods are affected by a defect, the guarantee is strictly limited to repairing or replacing and excludes any compensation.
In no case shall OXY’PHARM’s liability exceed the price of the material in question and/or that caused the damage.
No order may be cancelled by the customer, except in the event of a delivery delay of more than 3 months, after a formal notice by registered letter with acknowledgement of receipt including a period of 15 days to allow the delivery to be carried out.
6. DELIVERY TIME AND CONDITIONS
Delivery times are given as an indication only and are not guaranteed. Delays in delivery do not entitle the buyer to cancel the sale or to refuse the goods, nor may they give rise to any deductions, penalties or damages.
The shipping of the goods is at the customer’s risk and it is the customer’s responsibility to check that they are in good condition at the time of delivery. If the customer notes damage or shortages, they must enter their precise and full reservations on the transport document and reiterate their reasoned protest in the forms and within the time limits provided for in Article L. 133-3 of the Commercial Code.
The costs of transport and delivery of the material, unless otherwise stated on the order confirmation, shall be borne by the customer.
7. FORCE MAJEURE
The occurrence of force majeure has the effect of suspending the performance of the contractual obligations of OXY’PHARM.
Any event beyond the control of OXY’PHARM that prevents it from operating normally at the manufacturing or shipping stage of the products shall constitute a case of force majeure. Cases of force majeure include total or partial strikes that hinder the proper functioning of OXY’PHARM or that of one of its suppliers, subcontractors or transporters, as well as interruptions in transport, energy supplies, raw materials or spare parts.
8. PRICE – PAYMENT
Prices are established according to the public prices on the day of the order acknowledgement or any other proposal made by the sales agent and validated by the management of OXY’PHARM.
In the event that an unforeseen variation in prices before invoicing requires us to change the price, this will be proposed to the customer; and if the customer refuses to accept the increase, OXY’PHARM reserves the right to cancel the order.
In the event of changes in taxes and duties of any kind relating to our materials and services, these shall be binding on the parties, if necessary, the contractual price being considered that exclusive of tax.
Our invoices are payable to our head office.
The creation of bills of exchange or the acceptance of all commercial bills does not imply either novation or derogation from the jurisdiction clause. If payment is provided for using accepted bills of exchange, failure to return the bills sent for acceptance within 15 days of the date of dispatch shall render the debt immediately due and payable (Art. 12 of the Commercial Code). In the event of non-payment of one of the payment dates, the owed amount shall become immediately due and payable and the failure to pay an invoice on its due date shall render the payment of any other invoice immediately due and payable, irrespective of the terms of the contract to which it relates.
We reserve the right to suspend the execution of an order – in the event of non-payment of a previous invoice on its payment date or request for a deferment of the payment date – and to take it back only after the provision of a guarantee duly accepted by ourselves. Any delay in payment shall give rise to interest, which shall be calculated at the legal rate applicable for commercial matters.
9. RETENTION OF TITLE CLAUSE
The company reserves ownership of the goods sold until full payment of the price in principal and interest. If the price is not paid on the agreed payment date, the company may take back the goods and the sale will be cancelled by operation of law if it so wishes; any advance payments already made shall be retained as compensation. Furthermore, the purchaser is responsible for the goods sold as soon as they are physically handed over, as the transfer of possession entails the transfer of risk. The purchaser therefore undertakes to take out an insurance policy to cover the risks of loss, theft or destruction of the designated goods.
Furthermore, the customer shall not pledge or transfer the ownership of the goods as a guarantee.
10. RESOLUTORY CLAUSE
It is strictly agreed that in the event of non-payment of all or part of the price, on the exact payment date, the entire price will be immediately payable, OXY’PHARM shall be authorised to reclaim the goods, and the sale shall be automatically cancelled, after a simple order to pay has remained unfruitful.
Additionally, as a penalty clause, the purchaser shall in this case pay a fixed compensation of 10% of the amount of the outstanding sum, without no effect on any other sums that may be contractually due.
Placing an order implies that the purchaser fully and unconditionally accepts the OXY’PHARM general terms and conditions of sale. In the event of a dispute, the two parties agree to submit to the courts of the headquarters of OXY’PHARM, ruling under French law.