Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer can exercise their right of withdrawal.
Consumer: a natural person not acting within the scope of their professional activities, and concluding a distance contract with the professional.
Day: calendar day.
Long-term contract: a distance contract covering a series of products and/or services, the obligations or delivery of which extend over time.
Durable medium: any means enabling the consumer or professional to store information for personal use, in such a way that it can be consulted later, without alteration.
Right of withdrawal: the possibility offered to the consumer to cancel the contract remotely during the withdrawal period.
Professional (or Seller): a natural or legal person offering products and/or services remotely to the consumer.
Distance contract: a contract concluded within the framework of an organised distance selling system, without the simultaneous physical presence of both parties.
Distance communication technique: any means of concluding a contract without the consumer and the professional being together in the same place at the same time.
General terms and conditions: these are the general terms and conditions of the professional.
Article 2 – Professional Identity
Email: support@oragel.store
Phone: +1 (212) 547-8193
Company Name: ORAGEL
Address: 1407 Broadway, Suite 2601, New York, NY 10018, USA
Opening hours: Monday to Friday: 9:00am to 7:00pm Saturday: 10:00am to 5:00pm Closed on Sundays and public holidays.
Article 3 – Scope of Application
These general terms and conditions apply to all offers from the professional as well as to all contracts or orders concluded remotely with the consumer. Before the conclusion of the contract, the general terms and conditions will be made available to the consumer. In the case of an electronic agreement, they will be provided in a viewable and storable format. In the event of a conflict with other terms and conditions, those most favourable to the consumer will apply. Any invalid provision will not affect the validity of the remaining clauses. Unforeseen circumstances will be interpreted in accordance with the spirit of these terms and conditions.
Article 4 – The Offer
Any offer specifying a period of validity or particular conditions must state this clearly. All offers are non-binding. They include a complete and accurate description of the products or services offered. Visual representations must be true to the actual product. Obvious errors do not bind the professional.
Each offer specifies: all prices including VAT, any applicable shipping costs, the terms for concluding the contract, the applicable withdrawal rights, the accepted methods of payment and delivery, the period of validity of the offer, any communication costs (where applicable), the option to review or correct submitted data, the languages available, the applicable codes of conduct, and the duration of long-term contracts.
Article 5 – The Contract
The contract is concluded once the consumer accepts the offer, provided all conditions are met. In the case of electronic acceptance, the professional sends an immediate confirmation. The consumer may cancel for as long as receipt has not been confirmed by the professional. The professional guarantees the security of electronic transactions. An order may be refused following legal or financial verification. Once the contract is concluded, the following information is communicated to the consumer: the contact address, the conditions of withdrawal, the guarantee, after-sales service details, and all information referred to in Article 4 (unless already provided). For ongoing service contracts, this information is provided once only.
Article 6 – Right of Withdrawal
The consumer has a period of 14 days from the date of receipt of the product to exercise their right of withdrawal. During this period, the product must be handled with reasonable care. The withdrawal must be communicated in writing. Products must be returned in their original condition, including all accessories, within 14 days of the withdrawal notification.
Article 7 – Costs in the Event of Withdrawal
Return shipping costs are borne by the consumer. If prior payment has been made, the refund will be issued within 14 days of receiving the returned product or proof of return.
Article 8 – Exclusions from the Right of Withdrawal
The right of withdrawal does not apply to the following products:
- Products made to the consumer's specifications or clearly personalised.
- Products that cannot be returned for hygiene reasons.
- Perishable products.
- Products with variable prices linked to financial market fluctuations.
- Newspapers or magazines.
- Audio, video, or software products whose seal has been broken.
The right of withdrawal also does not apply to the following services:
- Accommodation, transport, restaurant, or leisure services scheduled for a specific date.
- Services that have begun with the consumer's agreement before the end of the withdrawal period.
- Games of chance or lotteries.
Article 9 – Prices
Prices remain valid for the duration of the offer, unless the VAT rate changes. Variable prices linked to market fluctuations will be clearly indicated. Price increases within the first 3 months are permitted only if required by law. Beyond 3 months, the consumer must give consent to any price increase. If the consumer does not agree, they may terminate the contract. All prices include VAT. Typographical errors in pricing do not bind the professional.
Article 10 – Conformity and Guarantee
Products and services must conform to the contract, to the specifications advertised, to the requirements of reasonable use, and to applicable legislation. Any defects must be reported within 14 days of delivery. The guarantee follows that of the manufacturer. The guarantee becomes void in cases of modification, improper use, or failure to comply with applicable standards.
Article 11 – Delivery and Fulfilment
The professional handles all orders with care. Deliveries are made to the address provided by the consumer. The standard delivery period is 30 days unless otherwise agreed. In the event of a delay, the consumer may cancel the order free of charge and receive a refund within 14 days. If a product is unavailable, a replacement may be offered, with the right of withdrawal fully maintained. Risk transfers to the consumer upon delivery.
Article 12 – Long-Term Contracts: Termination and Renewal
Contracts of indefinite duration may be terminated with a notice period of no more than one month. Fixed-term contracts may be terminated at the end of their duration with the same notice period. Termination may be communicated by the same means as the conclusion of the contract. Automatic renewal is not permitted, except for newspapers or magazines with a limited subscription period. Trial offers end automatically. Contracts lasting more than one year may be terminated after the first year with one month's notice.
Article 13 – Payment
Unless otherwise agreed, payment is due within 7 working days after the withdrawal period has expired. For services, payment is due upon confirmation. Any errors must be reported immediately. In the event of late payment, reasonable fees may be applied.
Article 14 – Complaints
Complaints must be submitted within 7 days of discovery. A response will be provided within 14 days. If additional time is needed, the consumer will be informed. A complaint does not suspend payment obligations. If the complaint is found to be justified, the product will be replaced or repaired at no charge.
Article 15 – Disputes
All contracts are governed by the laws of the State of New York, United States. Any disputes arising from or in connection with these terms and conditions shall be resolved in the courts of New York County, New York.
Article 16 – Supplementary or Derogatory Provisions
Any supplementary provisions must not disadvantage the consumer and must be formulated in a legible and archivable manner.
Article 17 – Amendments to the General Terms and Conditions
Amendments take effect upon publication. For ongoing offers, the version most favourable to the consumer will apply.
Article 18 – Liability
The Supplier is responsible for the materials and products supplied to the end customer. Warranties apply. In the event of inadequate after-sales service from the Seller, the Supplier will intervene. The Supplier guarantees that the products do not infringe any intellectual property rights or trademarks. In the case of a patent, the Supplier certifies its right to market the product. The Seller remains responsible for the content, accuracy, and operation of its website or online store.