Terms and Conditions of Sales AirLOMB
 

These conditions are concluded between:

 - On the one side: ORTHOMEDICA (Stock company - SAS), capital of 80 000 €, registered as a company under the code SIRET 329 971 089 at Dijon. Represented by Sebastian Goater. Head office: ORTHOMEDICA / 7 rue de Cluj / 21000 Dijon / FRANCE.

- On the other side: any natural person, commercial or not, professional or not, hereinafter referred as "the customer", purchasing a product or service of ORTHOMEDICA, alone or collectively. Any order of product / or service implies the acceptance by the customer of these conditions. The relationship between the customer and ORTHOMEDICA is exclusively governed by these conditions.

OBJECT: These conditions are applicable to any territory for sales and services of ORTHOMEDICA (by mail, letter, telephone and fax).

ARTICLES PRESENTATION: ORTHOMEDICA tries to provide the best customer information and updates information concerning its products. The articles and equipment (presented on the website, in brochures, catalogs and other commercial documents), sold by ORTHOMEDICA, may change without prior notice from ORTHOMEDICA. ORTHOMEDICA can also decide to change potential suppliers. The pictures of the products are not contractual. They are only indicative.ORTHOMEDICA has the right to add and modify this information at any time without prior notice. Exactness and completeness of the provided information is not guaranteed by ORTHOMEDICA. The company declines all responsibility in this regard.

ARTICLES CHARACTERISTICS AND PRECAUTIONS, IMPORTANT WARNING:
1 - ORTHOMEDICA doesn’t intend to be a substitute for a medical advice from a health professional. If it’s necessary, the customer must ask for a medical advice before using a product sold by ORTHOMEDICA. Moreover, ORTHOMEDICA is not responsible for the sold medical products. Customer is solely responsible for their personal use in an appropriate context.
2 - For a prolonged use / or in a context of recovery / or in case of allergy to one component of the Air LOMB belt, the customer must ask for a medical advice.

ARTICLES PRICES: ORTHOMEDICA articles are sold at the prices indicated at the moment of the order. Prices are indicated in € Net. Prices include the VAT rate, applicable on the date of order. Prices can change at any time, in particular if case of increase of charges / or increase of VAT rate. Sending and packaging are included in the price for France. For other sending addresses, the cost depends on the destination area. Contact us: contact@air-lomb.com. Price does not include customs fees or local taxes.

OFFER AND AVAILABILITY OF ARTICLES: Offers of products are only valid within the limits of available stocks. In case of unavailability after receipt of an order, ORTHOMEDICA will inform the customer as soon as possible and indicate the delivery time. If the delivery time is superior at 7 days (in comparison with the excepted delivery time), the customer can: wait the product / or ask for a similar product / or cancel the order. If case of cancellation, ORTHOMEDICA refunds the customer.

ORDER: The order is valid only if ORTHOMEDICA has all the informations, correct, legible and necessary for its treatment (including the name of the product and the sending address. ORTHOMEDICA is not responsible for errors made by the customer made during the order. The sales contract is valid only when the order is registered by ORTHOMEDICA. The order is registered after the receipt of payment. ORTHOMEDICA has the right not to register a command, particularly if there is an exceptional problem of stock / or if there is a previous dispute with the customer. Every order means:  acceptance of prices, acceptance of the descriptions of the products, acceptance of the general conditions of sale. On no account the website can be considered as a contractual document.

PAYMENT: Payment is made at the moment of the order in £, Euros, USD, CAD, (by credit card, bank transfer or check). The products remain the property of ORTHOMEDICA until the complete payment.

DELIVERY: When the customer is ordering, he must indicate clearly and precisely the delivery address. The sending terms are determined by ORTHOMEDICA to satisfy the customer. Products are transported at the customer's risk by Orthomedica's logistic partners. ORTHOMEDICA accepts responsibility for delivering product as soon as possible, within 30 days maximum after the registration of the order.

RETURN - REFUND OR EXCHANGE: When the customer receives the product, he must verify the number, the conditions and the compliance in relation to his order. If the customer is not satisfied with the product he received, he has a period of 30 days from receipt to return the product and ask for an exchange or a refund. The request for an exchange or a refund must be accompanied by the return of the product. ORTHOMEDICA will exchange or refund the product only if the product is not damaged, complete, unused and in its original packaging. When a customer sends back a product, the following rules are applicable:
- If the customer wishes to return the product: the product is refunded within 15 working days after the receipt of the product. In this case, the customer must contact ORTHOMEDICA, writing to the following address:
contact@air-lomb.com. Costs of shipping and return are paid by the customer.
- If the product is returned because of the responsibility of ORTHOMEDICA: the product and the return are refunded. In case of exchange, if the new product is more expensive, this product will be send after the complete receipt of the payment. If the new product is less expensive, the customer will receive a credit. This credit is valid for one year. After 15 days, ORTHOMEDICA is not responsible anymore, except hidden defect (art. 1641, Civil Code).

CLAIMS: Any claim relating to a defect of the products will be considered if the defect is notified within 15 days after the receipt of the product. The defective product should be returned by the customer. After this deadline, ORTHOMEDICA will not take the claim into account.

RESPONSABILITY: Concerning the relation of ORTHOMEDICA with the customer, the company has only obligations of means. ORTHOMEDICA is not responsible for the nonfulfillment, if ORTHOMEDICA is out of stock / or if any other event happens independently of his will (strike of the postal services, transports and communication). ORTHOMEDICA is not responsible for all the indirect damages (operating loss, loss of profit, damages or expenses).

INTELLECTUAL PROPERTY: All the elements of the website of ORTHOMEDICA, logos, videos, photos including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of ORTHOMEDICA. Its suppliers don’t have any license or right except consulting the website. The reproduction or the use of any elements is only authorized for domestic purposes. Other purposes are explicitly forbidden. Any other use constitutes an infringement, punishable by the Intellectual Property, except authorization of ORTHOMEDICA.

MODIFICATION OF THE TERMS OF SALE: ORTHOMEDICA has the right to modify these terms and conditions of sales at any time, without prior notice. The new terms and conditions will apply to the orders done after the public diffusion of the conditions, especially on the website. Before ordering, the customer should consult the website to verify the conditions of sale in force.

LAW AND COMPETENCE: These terms and conditions of use are governed and interpreted in accordance with French law. In case of dispute, in the absence of agreement, the subject will be judged by the competent jurisdiction for ORTHOMEDICA: Commercial Court of Dijon.