Terms and conditions of sale

Between the company Ô SIAM SPA,
14 rue Geoffroy Saint-Hilaire,
75005 Paris,
with a share capital of €1,000,
registered with the PARIS Trade and Companies Registry,
under SIRET number 828 700 625,
represented by Mrs Amornrat GRENOT in her capacity as manager,
duly authorized for the purposes hereof.

The company can be reached via its contact form.

Hereinafter the "Seller" or the "Company".

On the one hand,

And the individual or legal entity purchasing Products or Services from the company,

Hereinafter referred to as "the Buyer", or "the Customer".

On the other hand,

It has been explained and agreed as follows:

PREAMBLE

The Vendor operates a massage parlour and sells massages, gift cards and other goods to consumers via its website (https://osiamspa.com ) and social networks.

The list and description of goods and services offered by the Company can be consulted on the aforementioned website.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services through the Company's website and social networks, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.

The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company's website at the following address: https: //osiamspa.com/cgv/.

The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he/she has read all the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a Product or Service, and accepts them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.

The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.

In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of Products and Services sold through the website and social networks are indicated in Euros, inclusive of all taxes, and are precisely determined on the Product and Service description pages. They are also indicated in euros (VAT + any other taxes) on the Products and Services order page, and exclude specific shipping costs.

For all Products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). In this respect, the Vendor invites the buyer to obtain information on these aspects from the relevant local authorities.

The Company reserves the right to modify its prices at any time in the future.

Telecommunication costs necessary to access the Company's websites and social networks are at the Customer's expense. Delivery charges may also apply.

Article 3.1: Discounts and rebates

The prices quoted include any discounts and rebates that the Company may grant on the basis of its results or the Buyer's assumption of responsibility for certain services.

Article 3.2: Discount

No discount will be granted for early payment.

Article 4: Conclusion of an online contract

In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to complete the order:

1. Information on the essential characteristics of the product or service;
2. Choice of product or service, if applicable, and its options (including service planning) ;
3. Indication of the customer's essential contact details (surname, first name, email address, telephone number, address);
4. Checking order components ;
5. Acceptance of these General Terms and Conditions of Sale and, where applicable, correction of errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order will result in the formation of the present contract.
6. Indication of payment instructions, payment, then delivery of the order.

The Customer will receive confirmation of payment of the order by e-mail, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process, the customer is given the opportunity to identify and correct any errors in data entry. The language proposed for the conclusion of the contract is French.

The terms and conditions of the offer and the general terms and conditions of sale can be consulted on the Vendor's website at the following address: https: //osiamspa.com/cgv/

Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.

For delivered Products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and Services

The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's website and social networks, as well as, where applicable, the method of use of the Product. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.

The sale price of the Product or Service is that in force on the day the order is placed, and does not include shipping costs invoiced in addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When Products or Services are not executed immediately, clear information is given on the Product or Service presentation page as to delivery dates. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information on the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale.

The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor will inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Vendor will reimburse the Customer.

The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.

The period of validity of the offer of Products and Services and their prices is specified on the Company's website and social networks, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of Products or Services. Unless otherwise specified, the rights granted hereunder are solely those of the natural person who signs the order (or the person who holds the e-mail address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the Products and Services offered for sale under the present GTS comply with current regulations relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial warranty, the Vendor remains liable for defects in conformity and hidden defects in the Product.

In accordance with article L.217-4, the Vendor delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Vendor will refund or exchange defective Products or Products that do not correspond to the order. Refunds may be requested in exchange for the Product deposited at the Company's head office.

Article 7: Retention of title

The Company retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is the subject of receivership or liquidation proceedings, the Company reserves the right to reclaim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.

Article 8: Delivery

Delivery is made :

• or by handing over the goods directly to the buyer;
• or by sending a notice of availability to the buyer;
• at the place indicated by the purchaser on the order form.

The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of Products shall not entitle the purchaser to :

• the award of damages;
• cancellation of the order.

Transport risk is borne entirely by the purchaser. In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post or via the contact form on the Company's website.

Article 9: Availability and presentation

If an item is unavailable for more than 14 working days, you will be informed immediately of the expected delivery times, and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon order, including for pre-ordered Products. The customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).

Secure online payment by credit card is carried out by our payment service provider PayPal. The information transmitted is encrypted and cannot be read during transport on the network.

Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.

In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw from the contract without giving any reason, within fourteen (14) days of receipt of the order. The right of withdrawal may be exercised by contacting the Company via its contact form or by following the cancellation link on the order confirmation message.

We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for services less than twenty-four (24) hours before their scheduled execution.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the cost of shipping will be reimbursed, with the cost of returning the Product(s) being borne by the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); they must be accompanied by a copy of the purchase receipt.

Upon receipt of the Products returned by the Buyer, in accordance with the provisions below, or upon confirmation of the cancellation of a service, we will proceed within four (4) working days to reimburse the Buyer via our payment service provider or by credit card.

Article 12: Warranties

In accordance with the law, the Vendor assumes the guarantees of conformity and relative to hidden defects of the Products. The Vendor will reimburse the purchaser or exchange Products which appear to be defective or which do not correspond to the order placed. Requests for refunds must be made in accordance with the terms and conditions described in article 6 of these GCS.

The Seller reminds that the consumer :

• has a period of 2 years from delivery of the goods to take action against the Seller;
• that he/she may choose between replacement and repair of the apparently defective or non-conforming good, subject to the conditions set forth in the above-mentioned provisions
• that he/she is exempt from proving the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good
• that the consumer may also invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of article 1644 of the French Civil Code).

Article 13: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the Company using its contact form.

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code.

If the consumer's request to the Vendor for a complaint fails, or if there is no response within two (2) months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.

Article 14: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.

Article 15: Force majeure

The performance of the Vendor's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The Vendor will notify the customer of the occurrence of such an event as soon as possible. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

Article 16: Invalidity and amendment of the contract

Should any of the stipulations of the present contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.

Article 17: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing whose purpose is the sale and delivery of Products and Services defined in this contract.

The Buyer is informed of the following:

• the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Vendor, as indicated at the top of these GTC;
• contact details for the data protection officer: dpo (a) osiamspa.com
• legal basis for processing: contractual performance
• the recipients of personal data, if any: the data controller, its marketing departments, the departments responsible for IT security, the department responsible for sales, delivery and orders, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question.
• no transfers outside the EU are planned
• data retention period :
  • 10 years after the last contact in the case of a sale with invoicing ;
  • 14 months in other cases ;
  • in exceptional cases, these periods may be exceeded until the expiry of any legal prescription.
• the data subject has the right to access, modify, rectify, port and delete data
• the data subject has the right to lodge a complaint with a supervisory authority
• the information requested at the time of the order is necessary for the preparation of the invoice and the delivery of the goods ordered, without which the order cannot be placed.
• no automated decision or profiling is implemented through the ordering process.

Article 18: Competent court

Any dispute relating to the interpretation and performance of these terms and conditions of sale shall be governed by French law.
Failing amicable resolution, the dispute shall be referred to the Commercial Court of Paris.Ô