GENERAL SALES CONDITIONS AND ONLINE SALES ODEON SPA SISLEY
The purpose of these General Conditions of Sale is to describe the procedure for home shopping for goods and services between Odeon Spa Sisley and the Customer. They set forth the rights and obligations of the Parties in full. They apply, without any limitation or qualification, to all sales of products offered by the Odeon Spa Sisley on its web :
The Customer has the option of saving and/or printing them.
Consequently, the fact for the Purchaser to order a product offered on sale on the Website www.odeonspa.com constitutes an acceptance of these Terms and Conditions which the Buyer acknowledges having knowledge prior to his order.
ODEON SPA SISLEY represented by Star Wellness Monaco reserves the right to modify at any time these Terms and Conditions. Nevertheless, the Terms and Conditions applicable to the Order are those agreed by the Buyer upon placing the Order.
2.1 Full legal capacity of the Customer:
Under the Terms and Conditions, a Customer is any natural person of at least 18 years of age or who has the authorisation of the capacitated person at the date of confirming his or her order.
By clicking on the "Pay my order" icon on the Site, the Customer recognises his or her full legal capacity to commit to the General Conditions of Sale.
Any order executed on the Site must respect the customary needs of a household
2.2 Field of application, opposability, and validity period of the General Conditions of Sale:
The Customer acknowledges that he or she is informed of the General Conditions of Sale and expressly accepts them. This acceptance will be given during each order right from the time that the Customer ticks the box "I accept the General Conditions of Sale and I am paying".
In this sense, the Customer accepts without reservation all of the provisions described by the said Conditions, excluding all others.
The General Conditions of Sale are those in force on the Site on the date that the Customer confirms the order.
The General Conditions of Sale are valid for the period required to furnish the subscribed goods and services, until the termination of their warranties.
The fact that Odeon Spa Sisely does not cite, at any given moment, any of the clauses of the General Conditions of Sale, can not be interpreted as a renunciation of the right to cite one of the said clauses at a later time.
Unless the Customer provides contrary evidence, the automatic recording systems of ODEON SPA SISLEY are considered as valid proof of the nature, content, and date of the sales contract.
2.4 Modifying the General Conditions of Sale:
ODEON SPA SISLEY reserves the option of adapting or modifying the General Conditions of Sale at any given moment. In the event of modification, the General Conditions of Sale in force the day of the order will be applied to each order. The Customer is also invited to regularly consult the Site in order to stay informed of the most recent developments.
3. CUSTOMER RESPONSABILITY
3.1 Full legal capacity of the Customer:
ODEON SPA SISLEY can not be held to verify the legal status of visitors and buyers. Consequently, if a person does not have the legal capacity of ordering articles on the Website www.odeonspa.com his legal representatives (parents, guardians, etc.) will assume the full responsibility for this Order and should especially honor the price.
The responsibility of the ODEON SPA SISLEY regarding its obligations under these Terms and Conditions shall not be incurred if the breach of its obligations is due to the fact of a third party even if it is predictable, the fault of the Buyer or the occurrence of an event of force majeure as defined by the French courts or any other event that was not reasonable under the exclusive control of Odeon Spa Sisley.
4. CONTRACT FORMATION AND CONTROLS
4.1 Consulting product and service characteristics:
ODEON SPA SISLEY offers products and services and their detailed descriptions on its Site so as to allow the Customer to be informed of their main characteristics before finalising an order.
When a Customer passes his or her order, specific conditions of sale stated on the screen (the name, price, material, weight, quantity, colour, distinctive product features, service costs, and restrictions on specific product categories). The Customer expressly accepts them without reservation.
Notwithstanding, photography or graphic representations that are meant to illustrate the products are not contractual, notably regarding differences in presentation upon delivery that result from a modification in the packaging by the manufacturer or the supplier, which do not affect the content in any way.
ODEON SPA SISLEY may change at any time the assortment of products offered for sale on its Website, according to particular constraints related to its suppliers, without prejudice to any Order realized by a Buyer.
The products comply with Monaco legislation in force. The responsibility of the ODEON SPA SISLEY can not be held liable for non-compliance with the legislation of the country where the product will be delivered (eg in case of a product ban ...). It is to the Buyer to check with local authorities in the country of the product delivery, the options to import or use products or services it intends to order.
ODEON SPA SISLEY can not guarantee that the information on the packaging of products are translated into all languages of the European Union. However, these information are available at least in French and / or English.
4.2 Product availability / validity of the product offer:
The products and prices on the Site are only valid if they are viewable and available ( = presence of the "Add to my basket" button) on the Site. A product that becomes unavailable is indicated as such.
Notwithstanding, the simple act of adding a product to a basket is not considered as finalising an order. In other words, a product can become unavailable between the time it is added to the basket and the moment when the Customer finalises the order.
ODEON SPA SISLEY will make all efforts to ensure the availability of the whole range of proposed products and services.
Product and service prices presented on the Site are indicated in Euros, and inclusive of all taxes. They are applicable at the time the Customer finalises his or her order, and do not systematically integrate payment of the delivery charge, which is billed separately, and indicated before the finalisation of the order. The product prices do not include the communication costs related to using the Site.
The selling prices of products can be modified by the ODEON SPA SISLEY at any time. This change will be reported to the Buyer before any Order. Prices are applicable in the context of distance selling.
The prices are subject to French V.A.T., and any change to the legal rate of this V.A.T. will be reflected in the price of the product and service prices presented on the Site, on the date stipulated by the applicable enabling legislation.
ODEON SPA SISLEY will not reimburse the price difference between the prices of Odeon Spa Sisley and those charged by its competitors (on the internet or in stores).
The Buyer has the option to verify the details of his project of Order and to correct any errors.
From the moment the buyer confirms the order by clicking on "Submit Payment" (below and above the "Order "), he is considered to have knowingly accepted the content and conditions of the Order in question and in particular, the Terms and Conditions, prices, volumes, specifications, quantities and delivery times of products offered for sale and ordered by the Buyer.
5.1 "My account" heading
5.1.1 Creating an account:
Before making purchases on the Site, the Customer must create a customer account. This must be exclusively created on the Site:
* either before any purchase by clicking on the "Create my account" link;
* or at the time that the first article is selected to go into the order basket, or at the time that the order is finalised.
To create an account, the Customer must enter his or her email and a password. This information is confidential. The Customer will be solely responsible for the consequences of the use of his or her account, until it is deactivated.
The Customer will be asked to provide information in order to complete registration (title, given name, family name, birth date, email address, exact delivery address, postal code). The Customer commits to providing true and genuine information, and to inform ODEON SPA SISLEY of any changes concerning this information. A summary of the provided information is emailed to the Customer.
This information is required for managing the orders and for the commercial relationship between ODEON SPA SISLEY and the Customer. As a result, failure to provide the requested information amounts to abandoning the process of creating an account.
ODEON SPA SISLEY will not be held responsible for any possible errors in entering the information and the ensuing consequences, such as delays and/or delivery errors. Within this context, all charges for redirecting the order will be entirely borne by the Customer.
5.1.2 Account use:
The Customer has the possibility of following orders on the Site, through the "My account" heading.
The record of transactions between ODEON SPA SISLEY and the Customer can be viewed at any given moment on the Site under the "My account" heading. The Customer has access to his or her purchase history.
5.1.3 Deactivating an account:
In the event of non-respect of the General Conditions of Sale by the Customer, ODEON SPA SISLEY reserves the option, as of right and without compensation, to deactivate the Customer account without respecting the notice period, after sending an email or a certified letter with record of delivery of an injunction which has remained ineffective for over 30 days.
In the event of fraud on the part of the Customer, the account will be deactivated as of right, without advance notice, without formalities, and without compensation.
A Customer who wishes to deactivate his or her account will make this known to ODEON SPA SISLEY via email or certified mail with record of delivery to ODEON SPA SISLEY Customer Service.
ODEON SPA SISLEY commits to deactivating the account within a maximum delay of 7 days from the reception of this communication.
5.2. Validating the Customer order:
The Customer passes his or her order in compliance with the instructions on the Site. This is the object of a summary that resumes all the elements. The Customer then confirms by clicking on the "Accept" icon. Any non-confirmed order will not be honoured. The simple act of adding a product to a basket is not considered as finalising an order.
ODEON SPA SISLEY recommends that the Customer keep a reliable digital or paper record of the data relating to his or her order.
5.3 Electronic signature:
The Customer acknowledges that he or she is perfectly informed of the fact that his or her agreement concerning the content of the General Conditions of Sale does not require a written signature, to the extent that the Customer orders products and services that are presented online.
The double click used to authenticate, non-repudiate, and protect the integrity of messages constitutes an electronic signature. This electronic signature has the value of a written signature between the Parties.
5.4. Confirmation of the order by Spa booker network:
Spa booker network confirms the processing of the Customer's order by sending an initial automatic email. The sale is only concluded after the order has been confirmed by ODEON SPA SISLEY -Star Wellness Monaco, which will send a second automatic email summarising all the information that the Customer will have communicated, notably: (see if this will also be done)
• the main characteristics of the ordered product,
• the indication of the price inclusive of taxes,
* if applicable, the difficulties or the reservations relative to the passed command.
ODOEN SPA SISLEY can request the Customer to provide proof of identity and domicile. In this case, the order will only be confirmed after reception and validation of this proof. The delivery time for the order can be influenced by delays in sending this information. If proof is not provided before 14h the day of the delivery of the order, ODEON SPA SISLEY reserves the right to cancel the order and to reimburse the Customer who has already been debited.
If this confirmation period has expired, the order will be cancelled.
ODEON SPA SISLEY reserves the option of not confirming the order, notably if the payment authorisation has been refused by the officially accredited organisms, or in the event of non-payment of a previous delivery or a litigation that is being administered, in the event of a problem concerning the received order, in the event of an incomplete order, a foreseeable problem concerning the supply of the product, or if there is a cancellation procedure that has been started concerning one or more of the products ordered. ODEON SPA SISLEY will keep the Customer informed via email.
If ODEON SPA SISLEY does not provide a confirmation within these periods, this should not be interpreted as confirmation and acceptance of the order.
5.5. Order Cancellation
However, Buyer can cancel his order:
- During the hour after its validation by calling the ODEON SPA SISLEY on +377 220.127.116.11 during the opening hours indicated in the " Contact Us " link on the Website.
- For an order not realized during the opening hours of Customer Service ODEON SPA SISLEY, the Buyer is encouraged to exercise his right of withdrawal in accordance with Article 6 of these Terms and Conditions.
ODEON SPA SISLEY recommends to the Buyer to save the two emails on paper or computer version. The Buyer is informed that the two emails will be sent to the email address entered by the Buyer during his subscription for his identification, prior to the Order.
If you enter an invalid address e-mail or if you do not receive the email confirmation of your Order, the responsibilities of ODEON SPA SISLEY will not be discussed. In this case the sale will be considered as final, except in cases of cancellation of the Order by ODEON SPA SISLEY, including unavailability of products. The Buyer may nevertheless exercise its right of withdrawal in accordance with Article 6 of these Terms and Conditions.
The amounts collected can not be considered as constituting a deposit or an advance at any given moment.
6.1 Payment default:
The Customer guarantees ODEON SPA SISLEY that the means of payment used are valid and not issued from fraudulent operation.
If an order has not been completely or partially settled by the Customer, ODEON SPA SISLEY will inform the Customer of this by email and ask him or her to remedy this.
If there is no response or solution within fifteen (15) days, ODEON SPA SISLEY notably reserves the right to refuse to execute a delivery, to repudiate an order, to cancel all pending orders, and to suspend the Customer account.
Moreover, ODEON SPA SISLEY authorises itself to suspend any order or delivery if the financial bodies have refused authorisation.
The Buyer guarantees to the ODEON SPA SISLEY that he has the permissions to use the payment method he will choose for his Order, upon the registration of his Order.
6.2.1 Credit cards
Credit cards accepted on the Customer Service of ODEON SPA SISLEY are as follows: Carte Bleue, Visa, American Express and Master Card. These payment cards must be issued by a bank or financial institution located in the European Union or Monaco.
6.2.2 Site of secure online payment
ODEON SPA SISLEY uses a secure payment tool, called SIXPAYMENT . Payment security is based on authentication of Buyer, and the confidentiality of all data. To secure it, SIXPAYMENT uses proven techniques of cryptography and respects the different banking regulations applicable in Monaco and worldwide.
In Monaco, including personal data is protected by law n°1.165 of 23 decembre 1993, transformed.
6.2.3 Shipping cost
The shipping cost depends on the amount of the Order, the delivery method chosen by the Customer, the weight and country of destination. The shipping cost is indicated to the Customer before the Validation of the basket and is the responsibility of the Client. The shipping costs are not included in the price of the product.
6.3 Securing means of payment:
All bank transactions conducted on the Site are secure. ODEON SPA SISLEY uses the SSL (Secure Sockets Layer) protocol of its provider Ogone.com, which encrypts information in order to protect all the data related to personal information and means of payment.
The information communicated when the order is passed (the card number and expiry date) will not be stored on the ODEON SPA SISLEY servers if the custumers don't save them.The custumer is informed that the information store are send to United States.
As a security precaution, the Customer will need to provide this information for each new order.
A bill is drawn up for each shipment. It is available in electronic format on the Site.
The Customer can download and/or print it, and ask Customer Service ODEON SPA SISLEY for a paper version of his or her bill
The products are delivered to the delivery address indicated by the Customer during the order process. The Customer thus commits to receiving the products at the address indicated on the order form.
It is the Customer's responsibility to check the accuracy of the information (building number, storey, intercom name, door entry code...) that is entered before confirming the order. If there is an error in the recipient's contact information (notably the family name, given name, street name and number, postal code, city, telephone number or email address), ODEON SPA SISLEY will not be held responsible if it is not possible for it to deliver the order.
The delivery of the order is made by ODEON SPA SISLEY through the carrier TNT.
The order will be delivered in a single shipment. Nevertheless ODEON SPA SISLEY reserves the option of splitting the Customer's order into several shipments, without any extra charge for the Customer. If it is the Customer that requests a split shipment, the Customer will be responsible for paying the post and package for each shipment.
Reminder: ODEON SPA SISLEY reserves the right to refuse to execute a delivery or to follow through on an order issued from a consumer that hasn't completely or partially settled a previous order, or with whom there is an outstanding payment dispute.
Purchase invoices are sent by email to the email address indicated by the Buyer when subscribing on the ODEON SPA SISLEY
Refer to page delivery conditions: Delivery terms & Conditions
7.2 Delivery conditions:
The Customer accepts to show proof of his or her identity through one or several official documents and provide, if necessary, the number that the system has given to him or her during the order, and which was provided in the email confirming receipt of the order.
If the Customer can not receive the order him or herself, the Customer will authorise and furnish a third person with a proxy and a photocopy of the identity card of the said Customer.
A request to ship a parcel might not be respected if the Customer does not comply with the above conditions.
In the event that the delivery is to the Customer's workplace, if the Deliverer doesn't have access to the premises, the Customer must take all the necessary precautions so that the Deliverer can deliver the order and so that the Customer can receive it.
ODEON SPA SISLEY reserves the right to refuse to follow up on an order coming from a Customer that has not been able to prove his or her delivery address upon the request of Customer Service or the Deliverer.
The delivery of 2 or more orders to the place of residence of a same customer (persons living at the same address), the same day, during a delivery time slot different from the one chosen for the first order, is cause for billing for the equivalent number of delivery fees, unless otherwise expressly agreed by ODEON SPA SISLEY.
Upon presentation of the package to the delivery address, the ODEON SPA SISLEY and the ODEON SPA SISLEY have fulfilled their obligation of delivering. The ODEON SPA SISLEY disclaim any responsibility for any loss or later flight.
In case of absence of the Buyer, the order will be routed to the nearest relay packages. The Buyer will be alerted by SMS or e-mail that his order arrived in a relay packages.
A package posted in a relay packages and not withdrawn within 10 working days will be automatically returned to ODEON SPA SISLEY
7.3. Receiving the products:
The Customer commits to signing the delivery note presented by the Deliverer, and may indicate any specific and brief written reservations concerning the delivered products on it. The Customer must for example check to see if the products are damaged or if there are products missing. ODEON SPA SISLEY recommends to the Buyer to annotate this refusal on the delivery note or on the transport receipt.
By signing the delivery note, which the Deliverer then keeps, the Client acknowledges receipt of the right number of shipped parcels.
In the event of litigation, the original packaging must be kept until the resolution of the litigation. ODEON SPA SISLEY advises the Customer to inform Customer Service of this within 48 hours maximum, counted from the time of delivery.
The Deliverer is liable to send an expert to the Customer's residence to confirm or disconfirm the conformity of the order.
In case of an incident during the delivery, the Customer must contact the Customer Service of ODEON SPA SISLEY, in the presence of the delivery man, in order to indicate the damage that has occurred during the delivery. Within 48 hours (beyond this period, no complaint can be accepted), the Customer must then confirm the incident in an email to the email firstname.lastname@example.org
Someone from ODEON SPA SISLEY Customer Service will then contact the Customer in order to establish the terms of potential reparation of the damage.
ODEON SPA SISLEY commits to respond to all requests and complaints within 10 days maximum counted from the reception of the request or complaint.
If there is a dispute, it may be directly managed by the Deliverer who would in this case directly contact the client.
7.4. Delivery time:
ODEON SPA SISLEY will make all efforts to ensure that the delivery times of the ordered products are respected. If these delivery times can not be respected, the Customer will be automatically informed of this by all means, notably by email or telephone for example.
In the event of a delivery delay, ODEON SPA SISLEY suggests that the Customer inform Customer Service in order to agree on the best solution.
At the conclusion of a period of thirty (30) days ODEON SPA SISLEY can send the Customer a replacement product on its expense. If the ordered products are unavailable at this time, ODEON SPA SISLEY will reimburse the Customer for the amount of the products concerned by the Deliverer's loss and the post and parcel charges.
However, any delay in delivery that is under 7 days, counted from the initial planned date, that is not due to force majeure, gives the Customer the right to request a cancellation of or an exchange of his or her order by email on the Site, or by certified mail with confirmation of receipt.
CAUTION! It is recalled that for the Order in France,& Monaco the products will be shipped with a Delivery paper not valued (the invoice is available on the Website). For orders outside mainland France & Monaco the invoice will be delivered simultaneously.
7.5 Anomaly, damage, damaged package:
7.5.1 General Provisions:
The Buyer or the receiver of the Order is prompted to verify the apparent condition of the package and product delivery.
If an anomaly on the package (packages damaged, open parcel, trace of liquid) or on the product(s) ordered (product(s) missing, damaged product(s)), the Buyer or the Receiver of the Order will necessarily follow the procedures described below (Sections 7.5.2 of these Conditions of Sale) that matches to the conditions of the Order. The failure to this procedure supposes that any recourse against the carrier and ODEON SPA SISLEY can be done. Notably, the Buyer or the Receiver may not claim any refund. The buyer or receiver of the Order can not also claim that the ODEON SPA SISLEY redeliver the goods ordered.
It is also possible for the Buyer or the Receiver of the Order to call the Customer Service ODEON SPA SISLEY to know the terms and conditions to return the product(s) damaged. The procedure for the return of damaged goods that may be specified by the Customer Service ODEON SPA SISLEY must then necessarily be followed by the Buyer. Otherwise, the Buyer may not claim any refund or exchange of the goods in question.
7.5.2 Procedures to be followed absolutely, when the package is damaged:
§ Do not open the package. Warning: opening the package excludes any recourse against the delivery man and ODEON SPA SISLEY .
§ Reject the unopened package to the delivery man
§ Report to the anomaly to the SAS Customer Service +377 97 98 39 15
§ Notification of incidents and the making of reservations must be made within 3 working days.
8. RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
It is agreed that the products that will be delivered and billed to the Customer will remain the property of ODEON SPA SISLEY until the full payment of their price. Payment default can result in a product claim by ODEON SPA SISLEY. The above provisions will not hinder the transfer of the risk of loss or deterioration of the products to the Customer, as well as the damages that they could cause, from the time of delivery.
9. RIGHT OF RETRACTION
9.1 Right of retraction:
Article L121-20 of the Consumer Code states that consumers have seven (7) clear days to exercise the right of retraction without having to justify the reason nor to pay a penalty.
9.2 Exercising the right of retraction:
ODEON SPA SISLEY recommends that a Customer wishing to exercise his or her right of retraction inform Customer Service of ODEON SPA SISLEY .
A return number of the concerned product(s) will be given to the Customer. The Customer will receive an email that will be included in the parcel with the return number notice and the address to which the product must be returned.
9.3. Conditions for Product return:
Products must be returned in good condition and in their original packaging, complete with all accessories and documentation. The product(s) must be in perfect condition for resale. ODEON SPA SISLEY recommends that the Customer indicate on the parcel the bill number that is relevant to the products, as well as the return number. ODEON SPA SISLEY also recommends that the Customer send the product back in packaging intended for this use, which does not allow the product to be identified (parcel package, bubble envelope, kraft paper...). The returned products are transported at the expense of and at the risk of the Customer.
Any damaged, incomplete, or absent product will be neither reimbursed nor exchanged, and will be sent back to the Customer.
If the right of retraction is exercised, ODEON SPA SISLEY is responsible for reimbursing the Customer for the amount that he or she has paid, without penalty. Reimbursement is due within thirty days (30) following the date on which the Customer has shipped the product.
ODEON SPA SISLEY commits to provide the Customer with goods and services true to the Customer request. In order to be informed of the procedures relating to After-Sales Service, the Customer may contact ODEON SPA SISLEY Customer Service. The Customer benefits from a legal warranty concerning conformity and latent defects of the sold products.
11. CUSTOMER RELATIONS
For questions, information, and complaints, the Customer can contact ODEON SPA SISLEY Customer Service:
• By telephone, 7 days a week from 9:00 a.m. to 6:00 p.m. +377 97 98 39 15
• By email: email@example.com
• By post at the following address:
ODEON SPA SISLEY
36 avenue de l’Annonciade
12. PROTECTION OF PERSONAL DATA
12.1. CCIN Statement:
In compliance with the provisions of the Monaci law on data-processing and liberties dated 6 January 1978, ODEON SPA SISLEY has proceeded with the declaration of its file including nominative data to the national data-processing and liberties commission (CCIN). In virtue of this law, the Customer enjoys right of access, rectification, or opposition on the nominative data collected concerning himself or herself. These rights can be exercised on the Site or by mail addressed to:
ODEON SPA SISLEY
36 avenue de l’Annonciade
12.2. Use of personal data:
The Customer agrees to allow ODEON SPA SISLEY to use personal data that he or she has provided concerning him or herself, or which has been collected through the Site operation. This data is necessary for ODEON SPA SISLEY to handle Customer orders and to provide the different services that are proposed. The Customer can, depending on the option(s) chosen, accept that ODEON SPA SISLEY
* Option 1: send information and promotional offers from ODEON SPA SISLEY * Option 2: send data (except the email address) to other companies in the ODEON SPA SISLEY group, for studies and sales prospecting,
* Option 3: send the Customer's email to partners that ODEON SPA SISLEY has selected, for sales prospecting.
Use of this data by third parties will be conducted according to their own conditions of use. It is the responsibility of the Customer to inform him or herself of these conditions. ODEON SPA SISLEY will not be responsible for the use of data by third parties sent in this way, as a function of the capacitation of the Customer.
At any given moment, the Customer may modify the capacitation that he or she has communicated from the "My account" heading, or by contacting Customer Service through the internet. At any given moment, the Customer can unsubscribe from the information letters and refuse all commercial solicitation by clicking on the unsubscribe link in the message.
Through the operation of its website, ODEON SPA SISLEY collects information notably concerning Customer purchases and the pages of the Site that interest him or her the most, so as to conduct analyses that can allow its offers to be adapted and customised.
12.3 Information letter:
If the Customer accepts the information letter during his or her registration, or at any later time by connecting to the same heading, he or she will receive promotional offers through the information letter of ODEON SPA SISLEY. The Customer can unsubscribe by clicking on the link intended for this use in the information letter.
13. INTELLECTUAL PROPERTY
In the absence of authorisation, any deterioration, reproduction, download, copy, modification, commercial use, in whole or in part of the different elements of the Site (notably the editorial content and the photos) is prohibited, and exposes its author(s) to prosecution. The General Conditions of Sale do not authorise in any case the reproduction, modification, or commercial use of the different elements of the Site.
The detailed product description is the sole contractual source. As the products are undergoing constant development, the manufacturers can, without advance notice, modify the technical composition and the characteristics of the product references, which are only provided as a rough guide.
14.2 Site use and operation:
ODEON SPA SISLEY and ODEON SPA SISLEY only has a best effort obligation concerning the operation and the continuity of the Site. ODEON SPA SISLEY and ODEON SPA SISLEY can not in any case be hold responsible for:
• speeds for accessing the Site from other internet sites, speeds for opening and consulting the pages of the Site, external slowdown, service suspension or inaccessibility, fraudulent utilisation by third parties of all the information put on the Site;
• acts due to a case of force majeure, as defined in article 16 of technical problems and failures concerning the material, the programmes, the internet network software that can, depending on the situation, lead to the suspension or the termination of service;
• if the service proposed by the Site reveals itself to be incompatible or exhibits malfunctioning with certain Customer software, configurations, operations systems, and equipment.
The Customer is solely responsible for his or her use of the service and will not hold ODEON SPA SISLEY and ODEON SPA SISLEY responsible for any complaint and/or procedure engaged against it. The Customer commits to make any complaint and/or proceedings related to his or her use of the service and engaged against ODEON SPA SISLEY and ODEON SPA SISLEY a personal matter.
ODEON SPA SISLEY and ODEON SPA SISLEY reserve the right to make all the modifications and improvements to its services that it deems necessary or useful, and will not be responsible for damage of any nature that could arise due to this.
Moreover, ODEON SPA SISLEY and ODEON SPA SISLEY reserves the right, without advance notice nor compensation, to temporarily and definitively terminate a service or all the services that it offers on the Site. ODEON SPA SISLEY and ODEON SPA SISLEY will not be responsible for the damage of any nature that could arise due to this.
14.3 External link:
The Site may contain hypertext links linked to other internet sites. ODEON SPA SISLEY does not make any pledges regarding any other internet site that the Customer could access from the Site, and is not responsible in any way for the content, operation, and access to these sites.
14.4 Illicit content / Good moral character
Any action of the Customer that would intend to restrict or prevent another customer from using and making the most of the Site is strictly prohibited. ODEON SPA SISLEY reminds that the Customer can only use the Site for legal purposes, and that it is prohibited to publish on or send through the Site any elements that are illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise detrimental to human dignity. In the event that ODEON SPA SISLEY is informed of illicit content on its Site, it has the right to immediately delete the content. Furthermore, ODEON SPA SISLEY reserves the option of taking necessary measures to enforce its rights. ODEON SPA SISLEY has the right to implement electronic surveillance of the displayed documents and the public areas of the Site, to verify their compliance with the above requirements.
It is also prohibited to collect and stock personal information on other customers.
ODEON SPA SISLEY reserves the right to not honour orders going against public order or good moral character.
15. FORCE MAJEURE
Force majeure events are those that are unpredictable, unstoppable, and external, and that make it absolutely impossible to execute the sales contract in the anticipated conditions.
All force majeure events defined by the regulation and legal precedents constitute cause for suspension or termination of the obligations of ODEON SPA SISLEY and ODEON SPA SISLEY , if the event lasts beyond one (1) month. ODEON SPA SISLEY and ODEON SPA SISLEY will not be responsible for the non-execution of the concluded contract in the event that one of the above mentioned events occurs.
16. APPLICABLE LAW / LITIGATION AND COMPLAINTS
The General Conditions of Sale are subject to French & Monaco law.
In the event of litigation, the Customer may bring a complaint to ODEON SPA SISLEY Customer Service Clients in order to look for an amicable solution. Failing amicable agreement between the Parties, the litigation will be submitted to the French & Monaco courts.