Terms of sale

These terms of sale apply to all orders placed on byosmose.com by a consumer, meaning an individual acting for non-professional purposes. Placing an order implies acceptance of the terms in force on the day of the order, which you accept by ticking the box provided or by confirming your payment. They can be viewed, saved and printed at any time from the website.

The products are sold by Nawfal KOUADRI AICHOUCH, sole trader (entrepreneur individuel, EI), who runs the osmose. shop on byosmose.com.
SIREN: 131 934 093 — SIRET: 131 934 093 00017
Registered with the French National Business Register (RNE)
VAT not applicable, article 293 B of the French General Tax Code
Email: osmosehair@gmail.com

In these terms, “osmose.” refers to this seller.

osmose. offers cosmetic hair care. The essential characteristics of each product (function, key actives, size, directions) are presented on its product page; the full ingredient list appears on the packaging. Photographs are as accurate as possible but are not contractual.

The products are for external use on the scalp and hair. Follow the directions and precautions on the packaging. If you have a sensitive scalp or a known allergy to an ingredient, test on a small area before first use and stop using the product if a reaction occurs.

Offers are valid while stocks last. If a product is no longer available after your order, we will inform you without delay and refund the amount paid for it.

Prices are shown in euros and are the final prices payable (VAT not applicable, article 293 B of the French General Tax Code). Delivery costs are shown before the order is confirmed and are added to the price of the products. The applicable price is the one displayed at the time of the order.

Promotional codes apply under the conditions stated when they are issued; unless otherwise stated, they cannot be combined.

For deliveries outside the European Union, customs duties and import taxes may be charged on delivery; they are payable by the customer.

To order, add the products to your cart, enter your details and delivery address, choose the delivery method, then check the summary (products, prices, delivery costs, total) before confirming payment. The order is final once payment is confirmed.

A confirmation email summarising your order is sent to the address you provided. Keep it: it is proof of your order.

osmose. reserves the right to cancel an order where there is an ongoing payment dispute with the customer or where the order is abnormal (quantities clearly intended for resale, suspected fraud).

Payment is due when the order is placed. It is made online using one of the methods offered at checkout (bank card and other methods displayed). Payments are processed securely by our payment providers; osmose. never has access to your full card details.

Delivery zones, methods and costs are detailed on the Shipping & returns page and shown again when ordering. In France and the European Union, standard delivery costs €6.90 and is free from €60.

The estimated delivery time is shown when ordering. If no date is given, delivery takes place no later than 30 days after the contract is concluded. An email with your tracking number is sent as soon as your order ships.

If delivery is late, you may ask us in writing to deliver within a reasonable additional period; if delivery does not take place within that period, you may terminate the contract and obtain a refund of all sums paid, under articles L216-6 and L216-7 of the French Consumer Code.

The risk of loss or damage passes to you when you (or a third party designated by you, other than the carrier offered by osmose.) take physical possession of the products. If a parcel arrives damaged or incomplete, write to us with a photo at osmosehair@gmail.com: we will replace or refund it at no cost to you.

Under articles L221-18 et seq. of the French Consumer Code, you have 14 days from receipt of your order to withdraw, without giving any reason and without penalty. Where an order includes several products delivered separately, the period runs from receipt of the last product.

Exception

Under article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products unsealed by the consumer after delivery that cannot be returned for reasons of hygiene or health protection. An opened bottle or jar cannot be taken back.

How to withdraw

Before the period expires, inform us of your decision by one of the following means:

• the online function “Withdraw from contract here”, available on the website at all times;
• an email to osmosehair@gmail.com stating your name, order number and your decision to withdraw;
• the model withdrawal form in the appendix, sent by email.

We will send you an acknowledgement of receipt by email without delay, with the return address and instructions.

Returning the products

The products must be returned no later than 14 days after you notify us of your decision, unopened and in their original packaging. The direct cost of returning them is borne by you. You may be held liable for any loss in value of the products resulting from handling other than what is necessary to establish their nature and characteristics.

Refund

We will refund all sums paid, including the initial delivery costs (up to the cost of standard delivery), no later than 14 days after being informed of your decision. The refund may be withheld until the products have been received back or until you have supplied proof of having sent them, whichever is earliest. It is made using the same payment method as the order, at no cost to you.

All products benefit from the legal guarantee of conformity (articles L217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code). To use it, write to us at osmosehair@gmail.com stating your order number and the defect found.

The consumer has two years from delivery of the goods to claim under the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date it appeared.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.

The consumer may obtain a price reduction while keeping the goods, or terminate the contract and be fully refunded on returning the goods, if: 1° the seller refuses to repair or replace the goods; 2° the repair or replacement takes place after thirty days; 3° the repair or replacement causes the consumer major inconvenience, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods; 4° the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to first request repair or replacement. The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.

The rights set out above result from articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund on returning them.

osmose. cannot be held liable for damage resulting from use of the products that does not follow the directions and precautions given, nor for non-performance of the contract caused by you, by the unforeseeable and insurmountable act of a third party, or by force majeure. Information on the website, including the Diagnostic, is cosmetic usage advice and does not replace the opinion of a doctor or dermatologist.

The texts, photographs, videos, logos and trademarks on the website belong to osmose. or its partners. Any reproduction, in whole or in part, without prior written permission is prohibited.

The data collected when you order is needed to process it and manage our customer relationship. It is processed in accordance with the GDPR, as described in our privacy policy. You can exercise your rights by writing to osmosehair@gmail.com.

For any question or complaint: osmosehair@gmail.com or the Contact page.

These terms are governed by French law. In the event of a dispute, please first send us a written complaint: we will look for an amicable solution with you. Failing agreement, the dispute may be brought before the competent court under ordinary rules. If you live in another EU member state, you keep the benefit of the mandatory provisions of the law of your country of residence.

(Complete and return this form only if you wish to withdraw from the contract.)

To Nawfal KOUADRI AICHOUCH (EI), osmose. — osmosehair@gmail.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
Date:

(*) Delete as appropriate.