Preamble

The merchant site www.o-kari-marais.com (hereinafter referred to as the ‘Site’) is an e-commerce site accessible via the Internet, open to all users of this network (hereinafter referred to as ‘Internet users’). It is published by SAS O KARI MIMA, whose registered office is located in Paris – 26, rue du Renard 75004 FRANCE, and which is registered with the Registre du Commerce et des Sociétés de Paris.

The Website enables O KARI MIMA to offer cosmetic products for sale (hereinafter referred to as the ‘Products’) to Internet users browsing the Website (hereinafter referred to as ‘Users’). In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Website and all elements, trademarks, designs, models, logos, photos, graphics, etc. found on this Website as well as their compilation are the exclusive property of O KARI MIMA or its suppliers, the latter not granting any licence or any right other than that of consulting the Website. The reproduction or use of all or part of these elements is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under Intellectual Property law, unless prior written authorisation has been obtained from O KARI MIMA.

For the purposes of these Terms and Conditions, it is agreed that the User and O KARI MIMA will be collectively referred to as the ‘Parties’ and individually referred to as the ‘Party’, and that the User who has validated an order will be referred to as the ‘Buyer’. The rights and obligations of the User necessarily apply to the Buyer.

O KARI MIMA makes every effort to ensure, to the best of its ability, that the information published on the Website is accurate and up to date, and reserves the right to correct the content at any time and without prior notice. However, O KARI MIMA cannot guarantee the accuracy, precision or exhaustiveness of the information made available on the Website. Consequently, O KARI MIMA declines all responsibility:

• any imprecision, inaccuracy or omission concerning the information available on the Site;
• any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Site;
• and more generally any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused as a result of access by any person to the Site, or the impossibility of accessing it, the use of the Site and/or credit given to any information originating directly or indirectly from the Site.

It is specified that the Products are intended for the User’s personal use, without any direct connection with the User’s professional activity.

Any User wishing to purchase from the Site declares that he/she has full legal capacity. However, a person who is incapacitated within the meaning of article 1123 et seq. of the French Civil Code, although in no way able to purchase on the Site and thus acquire the status of Buyer, may be a User of the Site. Consultation of the Site and the services it offers are then the responsibility of their legal representative. This legal representative is required to comply with these stipulations. In any event, when transmitting personal data, the legal representative must compile the registration form himself or herself or expressly authorise the minor to complete the said form, with the stipulations relating to personal data as set out in article 7.1 below naturally applying.

Any order for a Product offered on the Site implies consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the User. In accordance with the provisions of articles 1316 to 1316-4 of the French Civil Code, supplemented by Decree no. 2001-272 of 30 March 2001, issued for the application of article 1316-4 of the French Civil Code and relating to electronic signatures, it should be noted that validation of the order form, as specified in article 3.3 below, constitutes an electronic signature which has the same value between the Parties as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due under the said order.

The User may simply, freely and at any time consult the general terms and conditions of sale set out on this screen by clicking on the ‘General terms and conditions of sale’ link. The User also has the option of saving or editing these general terms and conditions, it being specified that both saving and editing of this document are the sole responsibility of the User, as these general terms and conditions of sale may be subject to change. In this case, the applicable conditions will be those in force on the site at the date of the order.

Hypertext links may lead to websites other than this one. O KARI MIMA declines all responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force. Furthermore, O KARI MIMA reminds you that any creation of a hypertext link to the home page of this Website or any other page of the Website is subject to the express, prior and written agreement of O KARI MIMA.

Article 1. Subject

The purpose of these general terms and conditions of sale is to define, exclusively by virtue of the relationships they establish on the Internet network, the rights and obligations of the Parties arising from the online sale of the Products offered on the Website.

Any Product order placed by the User with O KARI MIMA implies the User’s final and irrevocable agreement to all of the general terms and conditions of sale presented below. Thus, the Customer acknowledges having read, at the time of placing the order, the general terms and conditions of sale and expressly declares accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, unless expressly waived beforehand in writing.

Article 2. Products – Prices

2.1. Products

The Products offered for sale by O KARI MIMA are those that appear on the Site on the day the User consults the Site and within the limit of available stocks. In the event of unavailability of one of the Products, the Buyer will be informed at the latest when the order is confirmed, and indicative delivery times will then be specified.

O KARI MIMA presents on its Website the products for sale with the characteristics necessary to comply with Article L 111-1 of the French Consumer Code, which allows potential consumers to know the essential characteristics of the products they wish to purchase before placing their order. The photographs and texts illustrating the Products are not contractually binding. O KARI MIMA shall not be held liable for any errors in these photographs and/or texts.

2.2. Prices

Prices are given in Euros and are valid for: mainland France, Corsica and Monaco. They take into account any reductions and VAT applicable on the date of the order, unless there are major changes in charges, particularly VAT.

The prices indicated on the Site are guaranteed within the limit of validity specified in the offer and within the limit of available stocks. They do not include postage and packaging, which will be invoiced in addition (see article 4 on Delivery).

O KARI MIMA reserves the right, which the User accepts, to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time the order is registered, subject nevertheless to the availability of the said Products.

Article 3. Registration and validation of the order

3.1. Browsing the Site

The User may view the various Products offered for sale by O KARI MIMA on its Website. They may browse freely through the various pages of the Website, without being bound by any order.

3.2. Registering an order

If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express this interest by clicking on the ‘Add to basket’ box. Each new addition to their basket will be indicated by the appearance of a specific screen.

At any time, the User may :

• obtain a summary of the Products they have selected, by clicking on ‘My basket’,
• modify quantities and/or delete items,
• continue with their selection of Products by clicking on ‘Continue shopping’,
• complete their selection of Products and order these Products by clicking on ‘Next step’ when reminded of the contents of their basket.

To order the Products they have chosen, Users must identify themselves, either by entering their e-mail address and password if they have already created an account, or by clicking on ‘I am creating my account’ if they have not. In the latter case, the User must accurately complete the form provided, on which he/she must include the information required for identification, in particular his/her surname, first name and postal address. In addition, the User must provide his/her e-mail address and a password of his/her choice, which will be personal and confidential and which he/she will need to identify him/herself later on the Site. The User is informed and accepts that entering these two identifiers constitutes proof of his/her identity and expresses his/her consent.

Once the User has been identified, he/she must validate the billing and delivery addresses (as specified in article 4 below) and an order form will then appear on the screen, summarising: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order and the billing and delivery addresses for the Products. The User may choose the method of payment they wish. Payments by cheque are only valid for delivery in mainland France, Corsica and Monaco. Cheques must be made payable in Euros to O KARI MIMA.

3.3. Final validation of the order

After checking the status of the order, and once all the information requested has been completed by the User, the User will click on the chosen method of payment to confirm the order definitively. If the User wishes to pay for his/her order by credit card, he/she must enter his/her credit card number, depending on the type of card, the expiry date and the cryptogram number (3-digit number on the back of the credit card). It is specified that by choosing immediate payment by bank card, as provided for in article 6 below, the User will automatically be transferred to the HSBC (hereinafter referred to as ‘the Bank’) electronic payment server. The Bank’s server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data relating to means of payment as effectively as possible, and at no time will the User’s bank details pass through O KARI MIMA’s computer system. O KARI MIMA is therefore not liable.

As soon as the User confirms payment, the order is recorded and becomes irrevocable. The User becomes the Buyer. The order form will be recorded on O KARI MIMA’s computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.

In accordance with Article 5 below, the Buyer has the right to exchange or be reimbursed for a period of seven (7) clear days from the date of receipt of the Products by the Buyer.

3.4. Order confirmation

Once the Buyer has validated his/her method of payment (where applicable by providing his/her card number, expiry date and cryptogram number), a summary of the Buyer’s order will be displayed, showing in particular the transaction number. This summary will also be sent by e-mail, at the latest when the Products are delivered, to the e-mail address indicated at the time the order was placed. This confirmation will include all the constituent elements of the contract between the Parties.

Article 4. Delivery

4.1 Terms of delivery

O KARI MIMA will do its utmost to ensure that the order is dispatched within the average delivery times indicated in the delivery rates, which can be consulted on the Site by clicking on the ‘Delivery Rates’ link. These delivery times apply from the working day following the day on which the Buyer confirms his/her order and are given for information only. Any overrun in terms of lead times may not give rise to damages, or to the withholding or cancellation of the order by the Buyer. In any event, and in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following that on which the Buyer registered his/her order, subject to full payment of the price. If delivery has not been made by the end of this period, the Buyer may cancel the order. The sums paid by the Customer will then be refunded without delay, to the exclusion of any other compensation. The Buyer must make their request in writing (by post or email to the contact details indicated in the ‘Contact Us’ section of the O KARI MIMA website), which will allow O KARI MIMA to improve the quality of service that can be offered to the Buyer. O KARI MIMA will then carry out an investigation with the carrier concerned prior to cancelling the Buyer’s order and reimbursing the undelivered products ordered. An investigation with the carrier may take up to 21 working days. If, during this period, the parcel containing the products is found, it will be, at the Purchaser’s option, either immediately redirected to the delivery address indicated on the order form, or retained by O KARI MIMA, which will proceed with the reimbursement of the undelivered products ordered. On the other hand, if the parcel containing the products ordered is not found at the end of this period of 21 days for investigation, O KARI MIMA will proceed, at the Purchaser’s choice, either to reimburse the undelivered products ordered or to a new shipment at O KARI MIMA’s expense of the products ordered by the Purchaser.

The Products ordered by the Buyer will be delivered in : Metropolitan France, Corsica and Monaco, to the delivery address indicated by the latter on the order form. In this respect, the Buyer will have the option of having the Products delivered to an address other than his/her own. It is the responsibility of the Buyer to provide O KARI MIMA with all the details necessary for the correct delivery of the order. However, delivery cannot be guaranteed in the event of force majeure, transport strikes and/or postal services.

The Products will be sent by La Poste by Colissimo Suivi. O KARI MIMA therefore declines all responsibility in the event of excessively long delivery times due to the postal services, as well as in the event of loss of the Products ordered or strikes. Transport risks are borne by the Buyer. Consequently, the Buyer is required to check the condition of the packaging of the goods on delivery in order to refuse the said package if he/she notices that it has been damaged during transport and to notify us of this refusal within three days. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer on full payment of the invoiced price, including delivery costs.

This being the case, despite all the care taken by O KARI MIMA in preparing the packages, it is possible that a Product may be missing. Similarly, after the parcel has been transported, one of the Products may prove to be defective. For this reason, upon receipt of the order, the Purchaser must check that the Products received are in order. Any anomaly concerning the delivery (missing or broken Product) must be notified to O KARI MIMA’s customer service department on the day of receipt, or at the latest on the first working day following receipt, by post addressed to O KARI MIMA – Service des commandes internet – 26, rue du Renard 75004 Paris – FRANCE, using one of the forms in the ‘Contact Us’ section, or by telephone on 01 40 33 03 30, Monday to Sunday from 11:00 am to 8:00 pm. Any claim made after this time will be rejected and O KARI MIMA will be relieved of all responsibility. O KARI MIMA reserves the right to ask the Buyer to return the defective Product.

If the above conditions are met, O KARI MIMA will then proceed either to exchange or refund the defective Product(s), or to re-ship the missing Product (subject to the validity of the Buyer’s request).

4.2 Contribution to shipping costs

Any order, excluding special discounts mentioned on the Site and within the validity limit of the offer, will result in the Buyer paying a contribution to the shipping costs of the Products, which will be added to the amount of the order. This contribution is fixed and calculated according to the shipping zone of the Products. By declaring that they have read and accepted the general terms and conditions of sale, the Buyer acknowledges accepting the contribution to the shipping costs mentioned on their order and in accordance with the rates applicable on the day of their order.

Where applicable, customs or import taxes are not included in the shipping costs and are the responsibility of the Buyer. Consequently, it is the Buyer’s responsibility to keep informed about the taxes in force in his country before confirming his order.

Article 5. Right of withdrawal

The Buyer has a period of seven (7) clear days to return, at his/her own expense, the Product(s) he/she has ordered if he/she is not satisfied with them. This period starts on the day the order is received. The Product(s) must be returned in its/their original packaging and wrapping to the following address: O KARI MIMA – Internet Returns Department – ​​26, rue du Renard 75004 Paris – France.

If the above conditions are met, O KARI MIMA will refund the Buyer within fifteen (15) days from the date of receipt by O KARI MIMA of the package (the date of receipt by O KARI MIMA being deemed to be notification to O KARI MIMA of the Buyer’s exercise of his right of withdrawal). This refund will be made according to one of the following three configurations:

• the package is returned unopened: refund of the package and any shipping costs. Return costs cannot exceed shipping costs;
• the product is returned because the Buyer is not satisfied: refund of the product and return costs at the Buyer’s expense;
• the product is returned due to the responsibility of O KARI MIMA: refund of the product, shipping costs and any returns. Return costs cannot exceed shipping costs.

Group

When booking, a deposit of the total amount representing the desired services will be requested. No withdrawal will be subject to cancellation. If the customer does not show up on the day of the service, it is counted as due and O KARI MIMA will be able to collect the deposit in full

To cancel, please use the link on the booking confirmation email received, at least 48 HOURS before the arrival date. The deposit taken at the time of booking is not refundable.

In case of no-show, the entire service will be charged.

You will find the institute’s contact details in the confirmation email that you will receive once the booking is complete.

How to cancel

The confirmation email that you receive after making your booking contains complete information on the procedure for canceling your online booking

Article 6. Payment

The amount owed by the Buyer is the amount indicated on the order confirmation sent by e-mail by O KARI MIMA to the Buyer.

The Buyer will have the choice when validating his order as specified in article 3.3. above, between different methods of payment. As such, payment may, unless the server is unavailable, be made:
– immediately on the Internet: by Bank Card (Bleue, Visa, Eurocard/Mastercard). Payment is made in Euros.

Another method of payment is available to the Buyer for mainland France, Corsica and Monaco:
– by check: the Buyer prints his order form on paper and sends it by post to O KARI MIMA (O KARI MIMA – Internet Order Service 26, rue du Renard 75004 Paris – France, accompanied by payment by check in Euros made out to “O KARI MIMA″, within 7 working days following his order. In this case, the order will only be validated and shipped after receipt of full payment by O KARI MIMA and validity of the payment.

In any event, O KARI MIMA reserves the right to refuse any order or any delivery in the event of an existing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of authorization of payment by credit card by banking organizations, non-payment or partial payment. O KARI MIMA’s liability may not then be incurred under any circumstances.

Article 7. Data Protection and Liberties

7.1. Personal information

The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of delivery notes. Failure to provide information results in the automatic rejection of the order. In accordance with Law No. 78-17 of 6 January 1978 relating to Information Technology, Files and Liberties, the User has the right to access, rectify and delete personal data concerning him/her. To exercise this right, the User must contact O KARI MIMA via the forms in the “Contact us” section or by mail addressed to: O KARI MIMA– Internet Service – 26, rue du Renard 75004 Paris – France.

7.2. Web beacons

Some web pages of the Site may sometimes contain electronic images or “web beacons”, which make it possible to count the number of visitors to the page. In any event, the information obtained via these tags is strictly anonymous and simply allows statistics to be gathered on the traffic of certain pages of the Site, in order to better serve the Users of the Site.

Article 8. Miscellaneous stipulations

8.1. Force majeure

O KARI MIMA shall not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire. Events meeting the criteria set by the case law of the 2nd Civil Chamber of the Court of Cassation will be considered as cases of force majeure.

In the event of an event constituting force majeure, O KARI MIMA will notify the User/Buyer within five (5) working days following the occurrence or threat of this event. The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order for the duration of the force majeure event. Beyond a period of one (1) month of interruption due to force majeure, O KARI MIMA may not honor the order, and will be responsible for reimbursing the Buyer if necessary.

8.2. Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

8.3. Entire contract

These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the general terms and conditions of sale shall prevail.

8.4. Applicable law

These general terms and conditions of sale and the contractual relations between O KARI MIMA and the Buyer are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. In the context of legal action, only the Commercial Court of Paris – France, is competent.

Use Deadline: Date appearing on the Gift Voucher and indicating to the Buyer the deadline until which he can benefit from a Service

9. Exchange and Extension

9.1. Exchange/extension conditions

Except in the event of a stock shortage, the Buyer or Beneficiary has the option to exchange or extend the validity period of their Product, at any time during the validity period of the Product and during the following month.

The Buyer or Beneficiary will have the option of obtaining a new O KARI MIMA Product equal to the one exchanged or at a higher price, by paying the difference between the value of the exchanged Product and the value of the new Product requested.

In the event that the exchange or extension is requested during the validity period of the Product, no participation in the management fees will not be requested.

In the event that the exchange or extension is made after the Use Deadline and in the month following this date, a contribution to the management costs of twenty (20) Euros including tax will be requested.

Beyond the month following the Use Deadline, no exchange/extension is possible.

Only one exchange/extension will be accepted per Product.

Only Products not resulting from a prior exchange/extension may be exchanged.

9.2. Terms of exchange/extension

The Buyer or Beneficiary must connect to their Personal Space on the Site, authenticate themselves, and follow the steps indicated.

Then they must enter the numbers of their Product reference.

No cancellation or postponement of reservation will be accepted without the direct agreement of the Partner.