Terms of Sale

These General Terms and Conditions of Sale (hereinafter “GTC”) apply exclusively to the online sale of products by ESLab, a simplified joint-stock company (SAS) with share capital of €1,000, whose registered office is located at 1b rue de la course, 67000 Strasbourg, France, registered with the Strasbourg Trade and Companies Register under number 851 836 684, operating under the brand ORINKO on the website https://orinko.org, of which it is the publisher and which is freely accessible to all internet users.

Website hosting provider:
OVH, SAS with share capital of €10,000,000, registered with the Roubaix-Tourcoing Trade and Companies Register under number 424 761 419, with its registered office at 2 rue Kellermann, 59100 Roubaix, France.

For any information or questions relating to an order or the services offered by ESLab, Customer Service is available Monday to Friday, from 9 a.m. to 6 p.m., via:

- Email: contact@orinko.org
- Contact form: https://orinko.org/en/contact-us
- Mail: SAS ESLab, 1b rue de la course, 67000 Strasbourg, France

These GTC exclusively govern the online sale of ESLab products to buyers acting as consumers and, together with the order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, or catalogs, which are provided for information purposes only.

The buyer declares that they have full legal capacity to enter into commitments under these General Terms and Conditions.

1. PURPOSE

The General Terms and Conditions described below detail the rights and obligations of the company and the buyer in connection with the sale of products available on the Orinko website.

Any service provided by the company implies the buyer’s unconditional acceptance of these General Terms and Conditions.

The company reserves the right to amend these conditions at any time in order to comply with new regulations or improve the use of its website. The applicable conditions will be those in force on the date of the buyer’s order.

2. PRODUCT PRESENTATION

The products offered are those listed on the ORINKO website, subject to availability. The company reserves the right to modify the product assortment at any time.

Photographs are as accurate as possible but are not contractually binding. Consequently, the company cannot be held liable for any errors or omissions in product photographs.

The company cannot be held responsible for failure to perform the contract in the event of stock shortages, product unavailability, force majeure, disruption or total or partial strikes, particularly affecting postal services and transport and/or communications, flooding, or fire.

The company shall not be liable for indirect damages such as loss of business, loss of profit, loss of opportunity, damages, or costs that may arise from the purchase of products.

3. PRODUCT PRICES

The “Product” section of the website indicates prices in euros, all taxes included, excluding delivery and transport costs, which will be specified before order validation and invoiced in addition.

VAT is included in the price displayed. Shipping costs appear at the end of the product selection process.

The total amount due by the Customer is indicated on the order confirmation page.

The company reserves the right to change its prices at any time; however, products are invoiced at the price in effect at the time of order registration.

The prices offered include any discounts or rebates that the company may grant based on its results or the buyer’s assumption of certain services.

4. ORDER

Before placing an order, the buyer must provide personal information necessary for processing the order.

The buyer validates the order by clicking “Order” at the bottom of the “Order Confirmation” page after accepting these Terms and Conditions. This final click formalizes the binding contract.

Order confirmation will be sent by email.

Certain orders may be subject to verification by the company.

The buyer will be notified within a maximum of five days by email of any supporting documents required to obtain final validation of the order.

The company reserves the right to cancel the order if these supporting documents are not received or are deemed non-compliant.

The company recommends that the buyer keep a paper or reliable electronic record of order data. The buyer must verify the completeness and accuracy of the information provided. The company cannot be held responsible for input errors and the consequences thereof, such as delivery delays or errors. In such cases, all reshipping costs will be borne by the buyer.

Data recorded by the company constitute proof of the nature, content, and date of the order. These are archived by the company in accordance with legal conditions and time limits; the buyer may access this archive by contacting Customer Relations.

5. PAYMENT TERMS

Payment is due immediately and in full at the time of order by one of the following methods:

– Paypal

– Credit card

Payments made by the Customer will only be considered final after actual receipt of the amounts due by ESLab.

The company reserves the right to suspend order processing and delivery in case of refusal of credit card payment authorization by officially accredited organizations or in case of non-payment.

The company also reserves the right to refuse delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

6. RETENTION OF TITLE

The company retains full ownership of the products sold until delivery of the order.

7. RIGHT OF WITHDRAWAL

In accordance with Article L221-18 of the French Consumer Code, the buyer has 14 days from receipt of the products to exercise their right of withdrawal without giving any reason and without incurring costs other than the direct cost of returning the products. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.

The buyer exercises this right by notifying the company of their decision to withdraw before the 14-day deadline by sending the withdrawal form or any other unambiguous statement expressing their intention to withdraw.

Withdrawal must be sent by email to: contact@orinko.org.

A model withdrawal form is provided to the buyer below.

In the event of the exercise of the right of withdrawal, the company shall reimburse the buyer for all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which it is informed of the buyer’s decision to withdraw.

The buyer is required to return or hand back the products to the company without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw. This deadline is deemed to have been met if the buyer sends back the goods before the expiry of the fourteen (14) day period.

When exercising the right of withdrawal, the buyer shall bear the direct costs of returning the products.

The company may withhold reimbursement until it has recovered the products or until the buyer has supplied proof of having sent back the products, whichever is the earliest.

The buyer’s liability is only engaged with regard to any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods. If a product is not returned in a resalable condition (status “Damaged by the customer”), a flat-rate penalty corresponding to 50% of the total sale price including tax will be deducted.

Model Withdrawal Form

For the attention of:
ESLab, 1b rue de la course, 67000 Strasbourg, France

I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the goods described below:

Ordered on (*) / received on (*): ………………………………………

Name of consumer(s): ……………………………………………………

Address of consumer(s): ………………………………………………….

Order reference: …………………………………………………………

Signature of consumer(s) (only if this form is notified on paper): ………………………………………

Date: ………………………………………

(*) Delete as appropriate.

8. DELIVERY

Delivery is made to the customer’s home address and is handed over without signature.

Delivery is available only within the European Union and Canada.

Products are delivered to the address indicated by the buyer when placing the order.

The buyer must ensure that all delivery information provided is complete and accurate. The buyer will be notified by email when the order has been shipped.

If delivery is delayed by more than three days compared to the date indicated in the shipping email, the buyer is advised to check with their local post office to verify whether the parcel is being held.

If necessary, the buyer should inform the company by email. The company will then contact the postal service to initiate an investigation. A postal investigation may last up to 21 working days from the date it is opened.

If the product is located during this period, it will be immediately reshipped to the buyer’s address. If the product is not found after the 21 working day investigation period, the postal service will consider the parcel lost. Only after this period may the company send a replacement product at its expense. If the product is no longer available at that time, the company will refund the amount corresponding to the lost item(s).

If the parcel arrives opened or damaged (notably bearing yellow “La Poste” tape), the customer must obtain an official damage report (“Statement of Loss” – form 170) from the postal service in order for the company to initiate an investigation and compensation procedure.

9. WARRANTIES

All products benefit from:

The legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code)
The legal guarantee of conformity (Articles L.217-4 et seq. of the Consumer Code)

The full legal articles L217-4, L217-5, L217-12, L217-16 of the Consumer Code and Articles 1641 and 1648 paragraph 1 of the Civil Code are translated entirely and faithfully (legal wording preserved in substance and structure).

In the event of non-conformity of a product sold, it may be returned to the company, which will take it back, exchange it, or refund it.

The buyer must submit to the company, on the day of delivery or at the latest on the first working day following delivery, any claim relating to delivery errors and/or non-conformity of the products in kind or quality compared to the information stated on the order confirmation. Any claim made after this deadline shall be rejected without the possibility of recourse.

Such claims must be submitted by email to: contact@orinko.org.

Any claim not made in accordance with the rules defined above and within the specified time limits shall not be taken into account and shall release the company from any liability toward the buyer.

Any product to be exchanged or refunded must be returned within fourteen (14) working days following receipt of return authorization, in its entirety, to the following address:
ESLab, 1b rue de la course, 67000 Strasbourg, France
or to any other address specified by ESLab Customer Service.

To be accepted, any return must first be reported to the company’s Customer Service. Return shipping costs remain the responsibility of the buyer, regardless of the reason for the return. If a product is not returned in a resalable condition (“Damaged by the customer”), a flat-rate penalty corresponding to 50% of the total sale price including tax will be deducted.

REPRODUCTION OF ARTICLES L.217-4, L.217-5, L.217-12 AND L.217-16

OF THE FRENCH CONSUMER CODE

Article L.217-4 :

The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery.

The seller shall also be liable for any lack of conformity resulting from packaging, assembly instructions, or installation when this has been made their responsibility under the contract or has been carried out under their responsibility.

Article L.217-5 :

The goods conform to the contract:

1° If they are fit for the purpose normally expected of similar goods and, where applicable:

if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
if they possess the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they possess the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.

Article L.217-12 :

Any action resulting from a lack of conformity shall be time-barred two years from the delivery of the goods.

Article L.217-16 :

When the buyer requests from the seller, during the course of a commercial warranty granted at the time of acquisition or repair of movable goods, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.

This period shall run from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this occurs after the request for intervention.

REPRODUCTION OF ARTICLES 1641 AND 1648 PARAGRAPH 1

OF THE FRENCH CIVIL CODE

Article 1641 :

The seller is bound by the warranty for hidden defects in the goods sold that render them unfit for their intended use, or that so diminish such use that the buyer would not have acquired them, or would have paid a lower price, had they known of the defects.

Article 1648 paragraph 1:

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

10. APPLICABLE LAW

These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

11. DISPUTES

In the event of a dispute or complaint, the buyer shall first contact the company in order to seek an amicable solution.

Any complaint must be submitted via the contact form at:
https://orinko.org/en/contact-us/ or by mail to: SAS ESLab, 1b rue de la course, 67000 Strasbourg, France.

If you have not been able to resolve your dispute after submitting a written complaint (letter or email), dated and recalling the circumstances giving rise to the dispute and what you are claiming, you may refer the matter to the consumer mediator designated below, if you have received a negative written response from us or no response within two months of sending your complaint.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has established a consumer mediation system. The selected mediation entity is:

MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV

In the event of a dispute, you may submit your complaint on its website: https://www.medconsodev.eu

Or by post to:

MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
FRANCE

12. DATA PROTECTION

The company respects the privacy of website users and its buyers and undertakes to treat all information collected, particularly information enabling identification of buyers through the use of the e-commerce service, as confidential.

In accordance with EU Regulation 2016/679 on the protection of personal data (GDPR), the company has a privacy policy allowing buyers or website users to exercise their rights.

Personal information collected will be retained only as long as necessary and will be destroyed no later than two years after completion of the sale.

ESLab will delete the data after this period and undertakes to delete them at any time before that deadline upon request of the Customer and for legitimate reasons.

The Customer may exercise their rights by contacting ESLab in writing and specifying the scope of their objection to the processing of their personal data via the contact form at: https://orinko.org/en/contact-us/

13. LEGAL NOTICE

The legal notice is available at: https://orinko.org/en/legal-notice/

14. TERMINATION OF THE CONTRACT

The contract may be terminated by the consumer in the event of:

- delivery of a product that does not conform to the characteristics presented in the offer;
- delivery beyond the delivery time indicated at the time of the order.

In such cases, the consumer may request reimbursement of the price paid at the time of order.

The contract shall be deemed terminated upon receipt by ESLab of the letter or written notice informing it of such termination, unless ESLab has performed in the meantime.

If the delay in delivery by ESLab results from:

an administrative suspension of ESLab’s activity, its subcontractors, or its transport partners;
a transport strike;
a shortage of raw materials;
an epidemic or pandemic requiring administrative measures suspending commercial activities;
or any event leading to a temporary suspension of ESLab’s activity;

the consumer may not request termination of the contract. In such cases, the delivery period shall be extended by a duration equal to the period of temporary suspension.

The contract may be terminated by ESLab in the event of:

refusal by the consumer to accept delivery;
an order involving abnormally large quantities for a consumer, suggesting resale activity;
a pricing error;
an order deemed suspicious by ESLab.

In such cases, ESLab shall refund the price paid at the time of order, excluding shipping costs incurred in the event of refusal to accept delivery.

15. INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, and images reproduced on orinko.org are protected by copyright and intellectual property rights worldwide.

In accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the orinko.org website is strictly prohibited.

16. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having received, prior to placing the order and concluding the contract, in a clear and comprehensible manner, these General Terms and Conditions of Sale and all information listed in Article L221-5 of the Consumer Code, including in particular:

the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
the price of the Products and ancillary costs (such as delivery);
where the contract is not executed immediately, the date or time by which the Seller undertakes to deliver the Product;
information relating to the Seller’s identity, postal, telephone, and electronic contact details, and activities, if not apparent from the context;
information relating to legal and contractual guarantees and their implementation procedures;
the functionality of digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and model withdrawal form), return shipping costs, termination procedures, and other important contractual conditions;
the accepted means of payment.

The act of placing an order on the website https://orinko.org by a natural or legal person constitutes full and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products. This is expressly acknowledged by the Customer, who notably waives the right to rely on any contradictory document that would be unenforceable against the Seller.