TERMS AND CONDITIONS
The company OSENS Australia distributes the OSENS products.
These “terms and conditions of sales” are applicable to the fair sales of the products sold by OSENS Australia to their customers via the online shop www.osens.com.au
Online Shopping: represents the main website where the products are offered and sold to the customers
Order: represents the contract of sales between OSENS and the customers of the online shop
Product Spec: represents the classified information in regard to a product, supplied by OSENS when the concerned product is offered on the online shop
Product: represents all the goods and services offered by OSENS on the online shop
Service: represents the sales of services by OSENS in its online shop
Transaction: represents all the actions of operations, secured processes, authorizations and agreements inherent to the payment of the price of the ordered products.
ARTICLE 1 – OBJECT
These terms and conditions of sales have for objective to define the terms and conditions under the ones that OSENS offers and sells its products to their customers. These general conditions of sales prevail any other conditions being on any other documents, apart from any prior written derogation.
ARTICLE 2 – ACCEPTING THE CONDITIONS
The customer acknowledges having read and accepting these conditions when ordering and paying, and expressly declare accepting them without any reserve. These general conditions of sales are ruling the contractual relations between OSENS and its customers, both accepting them without any reserve.
ARTICLE 3 – PRODUCTS
Each product is described on the website with its main technical characteristics, with one or more pictures of the products.
The pictures illustrating the products aren’t in the contractual field. If some mistakes might be noticeable, under no circumstances, is this the responsibility of OSENS. The products offered by OSENS to his customers are available in stock or made on demand.
ARTICLE 4 – ORDERS
The automatic recording systems are considered as proof of value in the nature, content and date of the order.
OSENS will confirm the acceptation of the order by sending a confirmation email to the mailbox priory communicated by the customer.
The sale will only be concluded when the confirmation email will be sent. OSENS can at any time cancel or refuse any order of a customer, especially in the case of an insolvency of a customer that could be related to a payment default, a past delivery or a litigation related to the payment of a past order.
The customer is responsible for the authenticity of its information provided on the OSENS online shop. OSENS will not be responsible for any mistakes provided by a customers when ordering a product, and therefore for the impossibility to deliver the ordered products.
ARTICLE 5 - DELIVERY
After the confirmation of the order, and under the reserve of full payment of the ordered products, OSENS commits to send to it customer, the ordered products to the delivery address.
The time to receive the product/s might be between 2 weeks to 6 weeks delivery. Dependent upon the available stock. OSENS will inform any of its customers of any delay that they could encounter.
All the stipulated products ordered on OSENS are exclusively meant to be for personal use of the customers or receivers of the delivery address. Where applicable, the customer accepts to fix from reception, any taxes, rights and other current or future expanses that might occur related to the delivery of the products. The responsibility of OSENS will not be engaged in this situation.
The delivery will be done with the appropriate courier company. In the case where the consignee isn’t present at the reception of the goods, it is his responsibility to make contact with the transport company to organize a redelivery or to pick up the order form the depot.
Any eventual delays attributable to the transport company or OSENS do not give the right to claim any damages and interests.
When receiving the ordered products, the customer or consignee will have to verify the condition of the product and will acknowledge the conditions of use specified on the provided notice.
In the case of a missing or damaged product, the customer or consignee will have to address an email to OSENS with a claim within the first 3 days after receiving the products. To be accepted, the indications must be clear and precise providing information about the goods and not the packaging.
The following are considered as cases of major forces not enabling the product to be delivered and discharging OSENS:
-wars, strikes, fires, riots, accidents.
For some reasons of availability, one order could be subject to multiple deliveries.
In the case of a customer willing to have an order delivered to two addresses, two different orders will have to be done on the online shop.
ARTICLE 6 – RETRACTION
The customer has a delay of 14 days after receiving the goods to send them back to be exchanged or fully refunded. In this case the customers will have to address a message via email. After agreement he will have to return the new product in its original packaging, non damaged and in full (with the accessories), to the OSENS address:
OSENS commits to refund the customer via bank transfer excepting the shipping cost and a reserve of $30.00 for reconditioning. The expenses incurred in relation to the return of the product are soly the responsibility of the customer.
For customers outside of Australia, the initial delivery fees will also be deducted from the refund.
In the case of non-respect of the above conditions, OSENS have all the rights to refuse any refund or exchanges.
ARTICLE 7 – PRICE
The prices are in Australian dollars.
We keep the right to modify at any time and in any circumstances the right to modify any prices, however we will always apply the price that was associated when ordering the products.
No refunds could be agreed in the case of a price decrease or promotion made after the date you purchased the products. A cash payment does not generate any discounts.
The indicative price on the online shopping includes all the taxes but not the delivery fees for Australia.
ARTICLE 8 – PAYMENT
The price invoiced to the customers is the price indicated on the confirmation email of order sent by OSENS.
The price of the products is payable in full via the different payment methods offered on the website the day of the order.
For Credit Card payments, in case of any refusal from the secured bank center of payment, the order will automatically be cancelled and the customer will be informed by email.
ARTICLE 9 – APPLICABLE LAW
These sales conditions are submitted to the Australian laws
ARTICLE 10 – RESPONSIBILITY
Clause of property reserve: OSENS keeps the ownership of its products until the payment of the order is done integrally and in full. Then the customer becomes the legal owner of the products. OSENS can’t be held responsible for any damages of any nature, material, immaterial or physical, that could occur in a bad functioning or wrong use of the commercialized products.
The responsibility of OSENS will, in all cases, be limited to the amount of the order and wouldn’t be put in cause of any mistakes or omissions that could have subsisted despite all the warnings presented with the products. In case of any difficulties of the present contract, the customer and OSENS have the possibility, before any judical measures are taken, to find an amicable solution.
As default, the right legislation and competent court will be selected.
ARTICLE 11 – WARRANTY
The warranty is only applicable on the product defaults, our intervention being limited to change the faulty parts, outside of the old used parts. In the case of returning the products to OSENS or one of its partners, the customer will have to use the intact original packaging, with all the eventual accessories, notice of instructions, invoice and documentation. The charges related to returning the products remain on the responsibility of the customer.
This contractual warranty is only applicable to products used in normal way as per the notice of instructions.
In any cases OSENS will not be responsible for the non-respect of the rules and legislations operated in the country of the consignee. The responsibility of OSENS is limited to the value of the product.
The customer will be able to contact OSENS via the website www.osens.com.au
ARTICLE 12 – LEGAL INFORMATION
The collection of the cofidential information in order to sell online is obligatory. This information permits the treatment, the delivery, the invoicing and warranty of the products. The failure to provide authentic information creates a cancellation of the order. The customers have the right to modify, rectify and delete any personal information given to OSENS.
OSENS commits to not sharing any confidential information from their customers to any third party.