ARTICLE 1: COMPANY IDENTIFICATION AND BUSINESS ACTIVITY

The website www.oimprophetic.com is operated under the commercial name OIM PROPHETIC by Lesdimensions, a business registered in France under the following identification numbers:

SIREN: 903 260 719
SIRET of the registered office: 903 260 719 00013

The registered office is located at:

64 Boulevard National
13001 Marseille
France

OIM PROPHETIC specialises in the online sale of premium fragrances, perfumes and related perfumery products through the website www.oimprophetic.com.

The products offered on the website are intended for customers located in France and in the other countries of the European Union to which OIM PROPHETIC provides delivery services.

For any question, request or complaint relating to the website, an order or a product, the customer may contact OIM PROPHETIC’s customer support department at the following email address:

supportoimprophetic@gmail.com

ARTICLE 2: PURPOSE, SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions of Sale and Use, hereinafter referred to as the “Terms and Conditions”, define the conditions governing access to and use of the website www.oimprophetic.com, as well as the respective rights and obligations of OIM PROPHETIC, website users and customers.

These Terms and Conditions apply to all orders placed through the website and to all sections and content available on it, including, where applicable, informational pages, editorial content and blog articles.

Any person accessing or using the website agrees to comply with these Terms and Conditions.

Before placing an order, the customer must read and expressly accept the Terms and Conditions applicable on the date of the order. Acceptance is confirmed by selecting the relevant acceptance box before completing the purchase.

The customer may consult these Terms and Conditions at any time on the website. They are made available before the customer confirms and pays for an order.

By confirming an order, the customer acknowledges that they have read, understood and accepted these Terms and Conditions without reservation.

OIM PROPHETIC reserves the right to amend or update these Terms and Conditions at any time, particularly in order to reflect changes in legislation, regulations, technology, website functionality or commercial practices.

The version applicable to an order is the version available on the website at the time the order is confirmed by the customer.

Any amendment published after an order has been confirmed shall not apply retroactively to that order, unless required by applicable law.

Users and customers are therefore encouraged to consult the Terms and Conditions regularly in order to remain informed of the version currently in force.

Should any specific contractual terms agreed in writing between OIM PROPHETIC and a customer conflict with these Terms and Conditions, the specific written terms shall prevail solely in relation to the matters they expressly cover.

ARTICLE 3: WEBSITE ACCESS, USE AND PROTECTION

The website www.oimprophetic.com is created and hosted using the Wix platform.

Access to the website requires an internet connection and compatible equipment. The user is responsible for obtaining and maintaining the equipment, software and internet connection necessary to access and use the website.

The user must take all appropriate measures to protect their equipment, internet connection, personal data and login details against viruses, malicious software, unauthorised access and other security risks.

OIM PROPHETIC takes reasonable measures to maintain the availability, security and proper functioning of the website. However, uninterrupted or error-free access cannot be guaranteed.

Access to the website may be temporarily suspended or restricted, without prior notice, particularly in the event of maintenance, technical updates, security operations, server failure, internet network disruption or any event beyond the reasonable control of OIM PROPHETIC.

OIM PROPHETIC shall not be held liable for any temporary inability to access the website resulting from maintenance, a technical incident, a telecommunications network failure, a third-party service interruption or a force majeure event.

The website and all elements made available through it are protected by French and international intellectual property laws.

This protection includes, without limitation:

• the OIM PROPHETIC name and brand identity;

• trademarks, trade names and logos;

• texts and product descriptions;

• photographs, images and videos;

• graphic elements, illustrations and designs;

• website layout and visual appearance;

• databases and product catalogues;

• editorial content and blog articles;

• software elements and technical components.

Unless otherwise expressly stated, these elements are owned by OIM PROPHETIC or are used with the permission of their respective owners.

Any reproduction, representation, modification, adaptation, distribution, publication, extraction, reuse, commercial exploitation or transmission of all or part of the website or its content, by any means whatsoever, is prohibited without the prior written authorisation of OIM PROPHETIC.

The user may browse the website and view its content solely for personal and non-commercial purposes.

In particular, the user must not:

• use the website for any unlawful, fraudulent or abusive purpose;

• interfere with or attempt to interfere with the proper functioning or security of the website;

• attempt to gain unauthorised access to the website, its servers, databases or information systems;

• introduce viruses, malicious code or any other harmful technology;

• extract, copy or systematically collect website content or data;

• reproduce or reuse blog articles, product descriptions, photographs or visual content without authorisation;

• impersonate another person or provide false information;

• use the website in a manner that may damage the rights, reputation or legitimate interests of OIM PROPHETIC or any third party.

Any person placing an order on the website declares that they have reached the age of legal majority in their country of residence and have full legal capacity to enter into a contract.

Where a person has not reached the applicable age of legal majority, they may only use the website or place an order with the prior authorisation and under the responsibility of their legal representative.

OIM PROPHETIC reserves the right to restrict, suspend or terminate access to the website for any user who fails to comply with these Terms and Conditions or who uses the website in a fraudulent, unlawful or harmful manner.

Users may consult the applicable privacy and cookie policies on the website for further information regarding the collection and processing of personal data and the use of cookies.

 

ARTICLE 4: CREATION OF A CUSTOMER ACCOUNT

Any user may browse and consult the website www.oimprophetic.com without being required to create a customer account.

Depending on the options available on the website at the time of the order, the customer may be required to create a customer account or may be permitted to place an order using a guest checkout option.

When creating a customer account, the user declares that they have the legal capacity to enter into a contract in accordance with the laws applicable in their country of residence.

The user declares that they are creating the account in their own name and for their own personal or professional use.

To create an account, the user must access the relevant account or registration section of the website and provide the information requested by OIM PROPHETIC.

The information required to create an account or place an order may include:

• customer type, where applicable;

• first name and surname;

• email address;

• telephone number;

• billing address;

• delivery address;

• postcode and city;

• country of residence or delivery;

• a personal password.

The user undertakes to provide information that is complete, accurate, current and not misleading.

OIM PROPHETIC shall not be held responsible for any delay, delivery failure, inability to contact the customer or other difficulty resulting from incomplete, inaccurate or outdated information supplied by the customer.

Where the website requires email verification, the user may receive a message at the email address provided in order to confirm the creation of the account.

The customer is responsible for maintaining the confidentiality and security of their login details and password.

The customer must not disclose their login details to any third party and must immediately inform OIM PROPHETIC at supportoimprophetic@gmail.com if they suspect that their account has been accessed or used without authorisation.

Any action performed through a customer account shall be presumed to have been carried out by the holder of that account, unless the customer demonstrates that the account was used fraudulently or without their authorisation.

The customer undertakes to update their personal information whenever necessary, particularly before placing a new order.

OIM PROPHETIC reserves the right to suspend or close a customer account in the event of:

• fraudulent or suspicious activity;

• false or misleading information;

• misuse of the website;

• non-payment of an order;

• infringement of these Terms and Conditions;

• conduct likely to harm OIM PROPHETIC, its customers or any third party.

Where appropriate and unless prohibited by law or justified by an urgent security concern, the customer shall be informed of the suspension or closure of their account.

The customer may request the closure of their account by contacting OIM PROPHETIC at supportoimprophetic@gmail.com, subject to the retention of any information that OIM PROPHETIC is legally required to preserve.

ARTICLE 5: PRODUCT SELECTION

The customer may consult the products offered for sale through the relevant collection, catalogue or product sections of the website.

Each product offered for sale is presented on an individual product page containing its essential characteristics and, where applicable:

• its commercial name;

• its description;

• its olfactory characteristics;

• its composition or principal ingredients;

• its volume or quantity;

• instructions or precautions for use;

• photographs or visual representations;

• its price;

• its availability.

The customer is responsible for reading the product description and all information provided on the relevant product page before placing an order.

OIM PROPHETIC takes reasonable care to ensure that product descriptions, photographs and information displayed on the website are accurate and representative of the products offered for sale.

However, photographs, colours and visual representations may vary slightly depending on lighting conditions, photographic processing, packaging updates or the customer’s screen and display settings.

Such minor variations shall not constitute a lack of conformity where they do not affect the essential characteristics, identity or intended use of the product.

OIM PROPHETIC may update the packaging, presentation or visual appearance of a product provided that its essential characteristics remain unchanged.

The customer selects the product of their choice, chooses the desired quantity and, where applicable, the available size, volume or variation, before adding the product to their shopping basket.

The customer may consult the contents of their shopping basket at any time before confirming the order.

The customer remains responsible for checking:

• the products selected;

• the quantities ordered;

• the selected product variations;

• the applicable prices;

• the delivery destination;

• the information entered during checkout.

Adding a product to the shopping basket does not constitute confirmation of the order and does not reserve the product.

Products remain available for purchase by other customers until the order has been completed and payment has been successfully authorised.

All product offers are subject to availability.

Where a product becomes unavailable after an order has been placed, OIM PROPHETIC shall inform the customer as soon as reasonably possible and shall offer, where appropriate:

• a refund of the unavailable product;

• cancellation and refund of the entire order;

• or another solution expressly accepted by the customer.

OIM PROPHETIC shall not replace an unavailable product with another product without obtaining the customer’s prior agreement.

ARTICLE 6: ORDER CONFIRMATION

Once the customer has selected the products they wish to purchase, they may access their shopping basket in order to review the contents of the proposed order.

The shopping basket displays, where applicable:

• the selected products;

• the quantity of each product;

• the unit price of each product;

• any applicable discount;

• the delivery charges;

• applicable taxes;

• the total amount payable.

Before confirming the order, the customer may modify the selected quantities, remove products from the shopping basket or correct any errors.

Where a valid promotional code is available, the customer may enter it in the relevant field before completing the order.

Promotional codes are subject to their specific conditions of use, including their validity period, eligible products, minimum purchase amount and geographical restrictions.

Unless otherwise stated, promotional codes may not be combined with one another or applied after an order has been confirmed.

To proceed with the purchase, the customer must select the relevant checkout button and provide the information required for payment, billing and delivery.

The customer must ensure that all information provided is complete and accurate, particularly:

• their full name;

• email address;

• telephone number;

• billing address;

• delivery address;

• postcode;

• city;

• country.

Before final confirmation, the customer is given the opportunity to review the details of the order, its total price and the information entered, and to correct any errors.

The customer must read and expressly accept these Terms and Conditions before confirming the order.

The function used to complete the order shall clearly indicate that confirming the order creates an obligation to pay. The relevant button may use wording such as “Pay now”, “Place order and pay”, “Order with obligation to pay”, or another equally clear and unambiguous expression.

By activating this function, the customer confirms that:

• they have reviewed the contents of the order;

• they accept the products, quantities and prices displayed;

• they accept the applicable delivery charges;

• they have read and accepted these Terms and Conditions;

• they undertake to pay the total amount of the order.

An order shall only be processed after the customer’s payment has been successfully authorised by the relevant payment service provider.

Following successful payment, the customer shall receive an order confirmation at the email address provided during checkout.

The order confirmation may include:

• the customer’s order number;

• the date of the order;

• the products ordered;

• the quantities ordered;

• the prices paid;

• the applicable delivery charges;

• the total amount paid;

• the billing address;

• the delivery address;

• the selected payment method;

• information relating to the delivery of the order.

The customer must verify the information contained in the confirmation email and promptly notify OIM PROPHETIC of any error by contacting supportoimprophetic@gmail.com.

The customer is responsible for providing a valid and accessible email address and for checking their spam or unwanted email folder where necessary.

Subject to the provisions of Article 8 concerning refusal or cancellation, the order becomes final once payment has been authorised and the order confirmation has been sent to the customer.

The estimated delivery timeframe begins from the confirmation of the order and validation of payment, unless another starting date or estimated delivery date is expressly indicated during checkout.

An invoice may be made available through the customer’s account, sent electronically or provided upon request.

A customer wishing to obtain a copy of their invoice may contact OIM PROPHETIC at:

supportoimprophetic@gmail.com

OIM PROPHETIC reserves the right to request additional information or supporting documentation where reasonably necessary to verify the identity of the customer, the validity of the payment method or the legitimacy of the order.

Failure to provide the requested information may result in the suspension, refusal or cancellation of the order under the conditions set out in Article 8.

 

ARTICLE 7: PRICES AND PAYMENT

All product prices displayed on www.oimprophetic.com are stated in euros and include all applicable taxes, unless expressly indicated otherwise.

The price applicable to a product is the price displayed on the website at the time the customer confirms the order.

Delivery charges are not included in the product price unless expressly stated. They are added to the order and clearly displayed to the customer before the order is confirmed and payment is completed.

The applicable standard delivery charges are:

• France: €4.99

• European Union: €9.99

• Latvia and Lithuania: €14.99

The total amount payable, including the price of the products, applicable taxes, delivery charges and any valid discounts, is displayed before the customer confirms the order.

OIM PROPHETIC reserves the right to modify its product prices, delivery charges and promotional offers at any time.

Any such modification shall apply only to orders placed after the new prices or charges have been published on the website.

Once an order has been confirmed, OIM PROPHETIC may not change the price applicable to that order, except where an obvious pricing or technical error has occurred.

Where a product is displayed at a price that is clearly incorrect due to a technical, typographical or computer error, OIM PROPHETIC may refuse or cancel the affected order.

In such circumstances, the customer shall be informed as soon as reasonably possible and any amount already paid shall be refunded in full.

The customer may not request reimbursement of the difference between the price paid for a product and a lower price subsequently offered as part of a promotion, price reduction or commercial campaign.

OIM PROPHETIC may offer promotional codes, discounts or special offers to its customers.

Promotional offers may be subject to specific conditions, including:

• a validity period;

• a minimum purchase amount;

• eligible products or collections;

• geographical restrictions;

• a maximum number of uses;

• restrictions on combining offers.

Unless expressly stated otherwise, promotional codes cannot be combined and cannot be applied after an order has been confirmed.

Payment for an order may be made using the payment methods offered during checkout, including:

• payment by bank card;

• Apple Pay;

• Google Pay.

The payment methods available to an individual customer may depend on their device, browser, geographical location and the technical availability of the relevant payment service.

Payment is processed through secure payment services integrated into the Wix website.

OIM PROPHETIC does not require the customer to communicate their full bank card details directly by email or through customer support.

The customer confirms that they are legally authorised to use the selected payment method and that the payment information provided is accurate.

By confirming the order, the customer authorises the payment service provider to debit the total amount displayed during checkout.

The customer’s payment obligation is irrevocable once the payment transaction has been validly authorised, without prejudice to the customer’s statutory rights, including any applicable right of withdrawal, legal guarantees or right to obtain reimbursement.

An order shall only be prepared and processed after payment has been successfully authorised.

In the event of a payment refusal, failed transaction, suspected fraud, unauthorised payment method or payment incident, OIM PROPHETIC may suspend, refuse or cancel the order.

OIM PROPHETIC shall inform the customer where an order cannot be processed due to a payment issue.

The customer may be invited to use another available payment method or to contact their bank or payment service provider.

OIM PROPHETIC shall not be responsible for a payment refusal or interruption caused exclusively by the customer’s bank, payment service provider, device or network connection.

This provision does not limit OIM PROPHETIC’s responsibility for any failure directly attributable to OIM PROPHETIC or for any responsibility that cannot legally be excluded.

The products remain the property of OIM PROPHETIC until full payment of the corresponding order has been received.

ARTICLE 8: ORDER REFUSAL AND CANCELLATION

8.1 Cancellation requested by the customer before dispatch

The customer may request the cancellation of an order after receiving the order confirmation, provided that the order has not yet been dispatched.

To request a cancellation, the customer must contact customer support as soon as possible at:

supportoimprophetic@gmail.com

The request must include:

• the customer’s full name;

• the order number;

• the email address used to place the order;

• a clear statement requesting cancellation.

OIM PROPHETIC shall make reasonable efforts to process the cancellation request before dispatch.

However, submitting a cancellation request does not guarantee that the order can be stopped, particularly where the order has already been prepared, transferred to the carrier or dispatched.

Where the cancellation request is accepted before dispatch, OIM PROPHETIC shall confirm the cancellation by email and refund the amount paid using the same payment method used for the original transaction, unless the customer expressly agrees to another method.

The refund shall be processed without undue delay and, wherever applicable, within 14 days after confirmation of the cancellation.

The time required for the refunded amount to appear in the customer’s account may depend on the customer’s bank or payment service provider.

Once an order has been dispatched, it can no longer be cancelled under this section.

However, this does not affect any right of withdrawal or other statutory right available to the customer under Article 10 or applicable consumer law.

8.2 Refusal or cancellation by OIM PROPHETIC

In accordance with applicable law, OIM PROPHETIC may refuse or cancel an order where it has a legitimate reason to do so.

Such reasons may include:

• payment refusal or payment failure;

• suspected fraud or unauthorised use of a payment method;

• false, incomplete or inconsistent customer information;

• an abnormal order or an order involving quantities incompatible with ordinary personal use;

• suspected resale or commercial exploitation not previously authorised by OIM PROPHETIC;

• unavailability of a product;

• an obvious pricing, description or technical error;

• a previous unresolved payment dispute with the customer;

• abusive or fraudulent use of promotional codes;

• a delivery address outside the geographical areas served by OIM PROPHETIC;

• an address that cannot be served by the available carrier;

• a legal or regulatory restriction preventing the sale or delivery;

• a reasonable concern regarding the security of the transaction.

An order shall not be refused or cancelled on unlawful or discriminatory grounds.

Where OIM PROPHETIC refuses or cancels an order, the customer shall be informed by email as soon as reasonably possible.

Where payment has already been collected, the corresponding amount shall be refunded using the original payment method, unless another method is expressly agreed with the customer.

The refund shall be made without undue delay and, wherever applicable, within 14 days of the cancellation.

OIM PROPHETIC may request additional information or supporting documents before accepting an order where such verification is reasonably necessary to prevent fraud or confirm the validity of the transaction.

Any requested information shall be processed in accordance with the applicable personal data protection rules.

ARTICLE 9: DELIVERY METHODS AND TIMEFRAMES

9.1 Delivery areas

OIM PROPHETIC delivers orders to eligible addresses located in:

• France;

• the countries of the European Union.

The delivery countries and territories currently served are those made available during checkout.

OIM PROPHETIC does not undertake to deliver to an address or territory that is not offered as an available destination during checkout.

The customer must verify that the selected delivery country and address are eligible before confirming the order.

9.2 Delivery charges

The applicable standard delivery charges are:

• €4.99 for delivery in France;

• €9.99 for delivery to another country of the European Union;

• €14.99 for delivery to Latvia or Lithuania.

The applicable delivery charge is displayed during checkout before the customer confirms and pays for the order.

Where OIM PROPHETIC exceptionally offers free delivery, reduced delivery charges or a promotional shipping offer, the specific conditions of that offer shall be displayed on the website.

9.3 Estimated delivery timeframe

Orders are generally delivered within an estimated period of 4 to 6 business days.

Business days exclude Saturdays, Sundays and public holidays applicable in France and, where relevant, in the country of delivery.

The delivery timeframe begins after:

• the order has been confirmed;

• payment has been successfully authorised;

• and any necessary security or payment verification has been completed.

The delivery period includes the time required to prepare the order and transport it to the delivery address provided by the customer.

The estimated timeframe of 4 to 6 business days applies under normal operating and transport conditions.

Delivery may exceptionally take longer in the event of:

• a high volume of orders;

• a promotional campaign or product launch;

• a public holiday period;

• a carrier delay;

• adverse weather conditions;

• a transport or logistics disruption;

• an incomplete or incorrect delivery address;

• a payment or security verification;

• or an event beyond the reasonable control of OIM PROPHETIC.

Where a more specific delivery date or timeframe is displayed during checkout or in the order confirmation, that information shall apply to the relevant order.

9.4 Delivery address

Products are delivered to the address provided by the customer during checkout.

The customer is responsible for ensuring that the delivery information is complete, accurate and sufficiently detailed to allow the carrier to deliver the parcel.

The customer must verify, in particular:

• the recipient’s full name;

• the building or residence number;

• the street name;

• any apartment, floor, access code or additional address information;

• the postcode;

• the city;

• the country;

• the recipient’s telephone number.

The customer must inform OIM PROPHETIC as soon as possible if they identify an error in the delivery address.

OIM PROPHETIC shall make reasonable efforts to communicate a correction to the carrier where this remains technically possible.

However, an address cannot necessarily be amended once the order has been prepared or dispatched.

OIM PROPHETIC shall not be responsible for a delivery failure or delay resulting exclusively from inaccurate, incomplete or outdated information provided by the customer.

Where a parcel is returned due to an incorrect or incomplete address, the customer’s absence, a refusal to collect the parcel or any other circumstance attributable to the customer, OIM PROPHETIC shall contact the customer to determine the appropriate next step.

Subject to the customer’s statutory rights, the reasonable cost of a new delivery may be charged to the customer where the original delivery failed for a reason attributable to them.

9.5 Separate deliveries

Where an order contains several products, OIM PROPHETIC may deliver the products in more than one parcel.

In such circumstances, the customer may receive several tracking numbers and the parcels may arrive on different dates.

No additional delivery charge shall be imposed solely because OIM PROPHETIC decides to divide a single order into several shipments.

9.6 Order tracking

Where tracking is available, OIM PROPHETIC or the carrier shall provide the customer with information allowing them to follow the delivery of the order.

The customer is responsible for monitoring the tracking information and taking any reasonable action requested by the carrier in order to facilitate delivery.

Tracking information is provided by the carrier and may occasionally be delayed or temporarily inaccurate.

A tracking update indicating that a parcel has been delivered does not prevent the customer from reporting that the parcel has not actually been received.

9.7 Delayed delivery

Where OIM PROPHETIC becomes aware of a significant delivery delay, it shall make reasonable efforts to inform the customer and, where possible, provide an updated estimated delivery timeframe.

If the order is not delivered within the timeframe agreed at the time of purchase, the customer may request that OIM PROPHETIC complete delivery within a reasonable additional period.

This request may be submitted by email to:

supportoimprophetic@gmail.com

If OIM PROPHETIC does not deliver the order within that reasonable additional period, the customer may terminate the contract under the conditions provided by applicable consumer law.

The customer may terminate the contract immediately, without first granting an additional period, where permitted by law, particularly where:

• OIM PROPHETIC has refused to deliver the order;

• delivery by the agreed date was an essential condition of the contract;

• or it is clear that delivery will not take place within the required timeframe.

Where the contract is validly terminated due to non-delivery, OIM PROPHETIC shall reimburse all amounts paid for the affected order within the legally applicable timeframe and, in any event, no later than 14 days after termination where required by French consumer law.

9.8 Loss or non-delivery of a parcel

OIM PROPHETIC remains responsible for the proper performance of the delivery obligation where it selects the carrier, subject to the exceptions provided by applicable law.

If the customer has not received the order despite the parcel being marked as delivered, they must contact OIM PROPHETIC promptly at:

supportoimprophetic@gmail.com

The customer should provide:

• the relevant order number;

• their full name;

• the delivery address;

• the tracking number;

• any useful information relating to the alleged delivery;

• and, where reasonably requested, a written declaration of non-receipt.

OIM PROPHETIC may carry out an investigation with the carrier before determining the appropriate solution.

The investigation may include verification of the delivery record, proof of delivery, geographical scan, recipient information or other information supplied by the carrier.

Where the investigation establishes that the order was not correctly delivered, OIM PROPHETIC shall, depending on the circumstances and subject to applicable law:

• arrange a replacement delivery;

• or refund the affected order.

No provision of this section prevents the customer from exercising their mandatory statutory rights.

9.9 Transfer of risk

The risk of loss or damage to the products passes to the customer when the customer, or a third party designated by the customer other than the carrier, physically takes possession of the products.

Where the customer independently appoints a carrier that was not proposed by OIM PROPHETIC, the risk may pass to the customer when the products are handed over to that carrier, in accordance with applicable law.

9.10 Damaged parcel or product

The customer is encouraged to inspect the apparent condition of the parcel at the time of delivery whenever reasonably possible.

Where the parcel appears visibly damaged, opened, crushed or tampered with, the customer may:

• refuse the parcel;

• describe the damage precisely on the delivery document;

• take photographs of the parcel;

• and promptly contact OIM PROPHETIC.

General statements such as “subject to inspection” may not provide sufficient information. Any reservations should describe the apparent damage as precisely as possible.

Where the customer is unable to inspect the parcel at the time of delivery or discovers damage after opening it, they should contact OIM PROPHETIC as soon as possible, preferably within 48 hours, at:

supportoimprophetic@gmail.com

The customer should provide:

• the order number;

• a description of the damage;

• photographs or videos of the parcel;

• photographs or videos of the damaged product;

• and, where available, a copy of the delivery document.

The indication of a 48-hour reporting period is intended to facilitate the investigation and shall not deprive the customer of any mandatory legal guarantee or statutory right.

OIM PROPHETIC may request that the customer retain the product, parcel, packaging and delivery label while the claim is being reviewed.

Depending on the circumstances and the applicable legal guarantee, OIM PROPHETIC may arrange:

• replacement of the damaged product;

• a new delivery;

• or reimbursement of the affected product.

OIM PROPHETIC may investigate the circumstances of the damage before determining the appropriate solution, but this investigation shall not be used to unlawfully delay or deny the customer’s statutory rights.

 

ARTICLE 10: RIGHT OF WITHDRAWAL

10.1 Withdrawal period

In accordance with the French Consumer Code, a customer acting as a consumer has a period of 14 days in which to exercise their right of withdrawal from a distance-sale contract, without having to provide any reason.

For the sale of products, the withdrawal period begins on the day after the customer, or a third party designated by the customer other than the carrier, physically receives the product.

Where a single order contains several products delivered separately, the withdrawal period begins on the day after receipt of the final product, parcel or item.

Where the withdrawal period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the next working day.

Exercising the right of withdrawal terminates the customer’s obligation to retain the products concerned, subject to the return conditions set out below.

10.2 Exercising the right of withdrawal

To exercise the right of withdrawal, the customer must inform OIM PROPHETIC of their decision before the expiry of the 14-day withdrawal period.

The customer may exercise this right:

• through the withdrawal functionality made available on the website;

• by using the model withdrawal form reproduced below;

• or by sending any other clear and unambiguous statement expressing their decision to withdraw.

A withdrawal request may be sent by email to:

supportoimprophetic@gmail.com

The request should include:

• the customer’s full name;

• the order number;

• the email address used to place the order;

• the product or products concerned;

• the date on which the order was received;

• a clear statement that the customer wishes to withdraw from the purchase.

Where the customer uses an online withdrawal function provided on the website, OIM PROPHETIC shall provide an acknowledgement of receipt on a durable medium, such as email, without undue delay.

The burden of proving that the right of withdrawal was exercised within the applicable period lies with the customer. The customer is therefore advised to retain evidence of their withdrawal request.

10.3 Return of products

After notifying OIM PROPHETIC of the decision to withdraw, the customer must return the relevant products without undue delay and no later than 14 days after communicating that decision.

Before returning a product, the customer should contact OIM PROPHETIC at supportoimprophetic@gmail.com in order to obtain the applicable return instructions and return address.

Products must be returned appropriately protected and, where reasonably possible, in their original packaging together with any accessories, documents, promotional items or gifts supplied with them.

The customer bears the direct cost of returning the products, unless:

• OIM PROPHETIC expressly agrees to bear those costs;

• the website or a promotional offer states that returns are free;

• OIM PROPHETIC failed to inform the customer that return costs would be borne by the customer;

• or applicable law requires OIM PROPHETIC to bear those costs.

The customer is advised to use a tracked delivery service and retain proof of dispatch until the refund has been completed.

OIM PROPHETIC shall not be responsible for a returned parcel that is lost before being received, except where the return method or carrier was arranged directly by OIM PROPHETIC.

10.4 Condition of returned products

The customer may handle a product only to the extent necessary to establish its nature, characteristics and proper functioning.

The customer may be held responsible for any reduction in the value of a product resulting from handling beyond what would reasonably be permitted when examining the same product in a physical shop.

In particular, a reduction in value may be applied where the product:

• has been used excessively;

• has been damaged after delivery;

• is returned incomplete;

• is returned with missing accessories;

• has been altered or contaminated;

• or cannot reasonably be resold as a result of unnecessary handling by the customer.

Any reduction in the refund must correspond to the actual loss in value of the returned product and shall not constitute an automatic penalty.

The absence of the original external packaging shall not, by itself, automatically prevent the customer from exercising the right of withdrawal. However, any resulting reduction in the value of the product may be taken into account where justified.

10.5 Sealed products and hygiene exception

Under the French Consumer Code, the right of withdrawal may be excluded for sealed goods that:

• have been unsealed by the customer after delivery;

• and cannot be returned for reasons relating to health protection or hygiene.

This exception shall apply only where all statutory conditions are satisfied.

A product shall not be automatically excluded from the right of withdrawal solely because it is a fragrance, perfume or cosmetic product.

However, where a product is supplied with a genuine protective or hygiene seal and that seal has been broken after delivery, OIM PROPHETIC may refuse the return if the product can no longer legally or reasonably be resold for health protection or hygiene reasons.

Opening ordinary transport packaging or external presentation packaging shall not automatically result in the loss of the right of withdrawal unless opening it also breaks the protective seal to which the statutory exception applies.

Where the hygiene exception does not legally apply, the condition and use of the product may nevertheless be taken into account when assessing any reduction in its value.

This clause does not restrict the customer’s rights where a product is defective, damaged, incorrect or non-compliant. Such situations are governed by the applicable legal guarantees, including Articles 11 and 12.

10.6 Reimbursement

Where the right of withdrawal is validly exercised, OIM PROPHETIC shall reimburse the customer for all amounts paid in respect of the returned products, including the standard delivery charges initially paid for the order.

Where only part of an order is returned, the initial delivery charges shall be refunded only where and to the extent required by applicable law.

OIM PROPHETIC is not required to reimburse any additional delivery costs resulting from the customer’s express choice of a delivery method that was more expensive than the least expensive standard delivery method offered.

The reimbursement shall be made without undue delay and no later than 14 days after OIM PROPHETIC is informed of the customer’s decision to withdraw.

However, OIM PROPHETIC may withhold reimbursement until:

• the returned products have been received;

• or the customer has supplied evidence that the products have been dispatched,

whichever occurs first.

The reimbursement shall be issued using the same payment method used for the original transaction, unless the customer expressly agrees to another method that does not result in additional charges.

The time required for the refunded amount to appear in the customer’s account may depend on the customer’s bank or payment service provider.

10.7 Model withdrawal form

The customer may use the following form, although its use is not mandatory:

To:

OIM PROPHETIC / Lesdimensions
64 Boulevard National
13001 Marseille
France

Email: supportoimprophetic@gmail.com

I hereby give notice that I withdraw from my contract for the sale of the following product or products:

Product(s):
....................................................................................

Order number:
....................................................................................

Order date:
....................................................................................

Date received:
....................................................................................

Customer’s full name:
....................................................................................

Customer’s address:
....................................................................................

Customer’s email address:
....................................................................................

Date:
....................................................................................

Customer’s signature, only if this form is submitted on paper:
....................................................................................

ARTICLE 11: LEGAL GUARANTEE OF CONFORMITY

11.1 Scope of the legal guarantee

Customers acting as consumers benefit from the legal guarantee of conformity provided by the French Consumer Code.

OIM PROPHETIC is required to deliver products that conform to the sales contract and to the objective conformity requirements established by applicable law.

A product is conforming where it:

• corresponds to the description, type, quantity and quality stated in the order;

• possesses the characteristics presented on the relevant product page;

• is suitable for the use ordinarily expected of a product of the same type;

• corresponds to any sample or model presented before purchase, where applicable;

• is supplied with the packaging, accessories and instructions that the customer may legitimately expect;

• possesses the durability, functionality and safety that a consumer may legitimately expect from a product of the same type.

A difference specifically brought to the customer’s attention before purchase and expressly and separately accepted by the customer shall not constitute a lack of conformity in relation to that particular characteristic.

The legal guarantee may also cover a conformity defect resulting from the product’s packaging where the packaging forms part of the contractual or statutory conformity requirements.

11.2 Duration of the legal guarantee

OIM PROPHETIC is responsible for conformity defects existing at the time of delivery that become apparent within two years from delivery of the product.

For new products, a conformity defect that becomes apparent within 24 months after delivery is presumed to have existed at the time of delivery, unless OIM PROPHETIC proves otherwise or that presumption is incompatible with the nature of the product or alleged defect.

The legal guarantee of conformity applies independently of any commercial guarantee or optional return policy that may be offered by OIM PROPHETIC.

11.3 Examples of conformity defects

A conformity defect may exist where, for example:

• the customer receives a product different from the product ordered;

• the quantity or volume received is incorrect;

• the product does not correspond to its contractual description;

• the product is unusable or does not function as reasonably expected;

• the bottle, spray mechanism or closure is defective;

• the product leaks due to a manufacturing or packaging defect;

• the product is missing an essential component;

• the product is damaged before the transfer of risk to the customer;

• the product lacks a quality or characteristic expressly promised at the time of purchase.

A minor variation in colour, presentation or packaging that does not affect the product’s identity, quality, essential characteristics or use shall not necessarily constitute a conformity defect.

The legal guarantee does not cover a problem resulting exclusively from:

• abnormal or improper use by the customer;

• failure to follow the instructions or precautions supplied with the product;

• accidental damage occurring after delivery;

• improper storage by the customer;

• alteration or modification of the product;

• normal wear and tear;

• or a characteristic specifically disclosed and expressly accepted before purchase.

11.4 Reporting a conformity defect

A customer wishing to invoke the legal guarantee of conformity should contact OIM PROPHETIC at:

supportoimprophetic@gmail.com

The customer should provide:

• their full name;

• the order number;

• proof of purchase, where reasonably necessary;

• a description of the alleged defect;

• the date on which the defect was identified;

• and any information reasonably required to assess the claim.

Photographs or videos may help OIM PROPHETIC assess the claim more quickly, particularly where the bottle, parcel or packaging is visibly damaged.

However, the exercise of the customer’s statutory rights shall not be automatically refused solely because photographs or videos have not been supplied where the alleged defect can be established by another appropriate method.

The customer must make the product available to OIM PROPHETIC where this is reasonably required to assess or remedy the defect.

11.5 Repair or replacement

In the event of a conformity defect, the customer is entitled to have the product brought into conformity by repair or replacement.

The customer may ordinarily choose between repair and replacement.

OIM PROPHETIC may decline the solution selected by the customer where that solution:

• is impossible;

• or would result in disproportionate costs compared with the alternative solution, taking into account the value of the product without the defect, the seriousness of the defect and the possibility of applying the alternative solution without major inconvenience to the customer.

Any refusal to apply the customer’s chosen solution shall be explained in writing or on another durable medium.

Due to the nature of fragrance and perfume products, replacement may generally be more appropriate than repair. Nevertheless, each claim shall be assessed individually and in accordance with the customer’s statutory rights.

The product must be brought into conformity:

• free of charge to the customer;

• within a reasonable period that may not exceed 30 days after the customer’s request;

• and without causing major inconvenience to the customer.

Where the return of the defective product is required, OIM PROPHETIC shall bear the necessary return costs.

11.6 Price reduction or termination of the sale

The customer may be entitled to an appropriate reduction in the product price or to terminate the sale in the circumstances provided by law, including where:

• OIM PROPHETIC refuses to bring the product into conformity;

• repair or replacement is impossible;

• the product is not brought into conformity within 30 days;

• the proposed solution causes major inconvenience to the customer;

• the conformity defect remains after an unsuccessful attempt to remedy it;

• or the conformity defect is sufficiently serious to justify an immediate price reduction or termination.

The customer is not required to request repair or replacement beforehand where the defect is sufficiently serious to justify an immediate remedy.

The customer may not terminate the sale where the conformity defect is minor. OIM PROPHETIC bears the burden of demonstrating that the defect is minor where this is disputed.

Where the sale is terminated, the customer shall return the affected product at OIM PROPHETIC’s expense and OIM PROPHETIC shall refund the price paid.

Any refund due under the legal guarantee of conformity shall be made using the same payment method used for the original transaction, unless the customer expressly agrees to another method that does not result in additional costs.

The refund shall be processed within the statutory timeframe after receipt of the product or evidence that it has been returned.

11.7 No limitation of statutory rights

No provision of these Terms and Conditions excludes, limits or replaces the customer’s mandatory rights under the legal guarantee of conformity.

The legal guarantee of conformity is separate from:

• the right of withdrawal described in Article 10;

• the legal guarantee against hidden defects described in Article 12;

• and any optional commercial guarantee that may be offered.

The conformity guarantee covers defects appearing within two years of delivery; defects appearing during the first 24 months are generally presumed to have existed at delivery. Remedies must be free of charge, completed within no more than 30 days and without major inconvenience.

ARTICLE 12: LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

12.1 Principle of the guarantee

In addition to the legal guarantee of conformity, the customer benefits from the legal guarantee against hidden defects provided by Articles 1641 to 1649 of the French Civil Code.

A hidden defect is a defect affecting the product that:

• was not apparent at the time of purchase;

• existed at the time of sale or resulted from a cause already present at that time;

• and makes the product unfit for its intended use or reduces that use to such an extent that the customer would not have purchased it, or would have paid a lower price, had they been aware of the defect.

All applicable legal conditions must be satisfied for the guarantee against hidden defects to apply.

An apparent defect that the customer knew about, or could reasonably identify at the time of purchase, does not normally constitute a hidden defect.

12.2 Proof of the hidden defect

The customer is responsible for proving:

• the existence of the defect;

• its hidden nature;

• its seriousness;

• and the fact that it existed at the time of sale or resulted from a cause already present at that time.

Depending on the nature of the claim, proof may be provided through:

• photographs or videos;

• written observations;

• an expert assessment;

• a technical report;

• correspondence;

• or any other legally admissible evidence.

OIM PROPHETIC may request that the customer make the product available for inspection or assessment.

12.3 Remedies available to the customer

Where a hidden defect is legally established, the customer may choose:

• to return the product and obtain reimbursement of the purchase price;

• or to retain the product and obtain an appropriate partial reimbursement of the price.

The assessment of any partial reimbursement shall reflect the reduction in the product’s value resulting from the hidden defect.

Where it is established that the seller knew of the hidden defect, the customer may also seek compensation for any loss directly caused by that defect, subject to the conditions and evidence required by law.

The remedies provided by the hidden-defects guarantee do not automatically include replacement of the product. Nevertheless, OIM PROPHETIC and the customer may mutually agree to a replacement where this provides an appropriate amicable resolution.

12.4 Time limit

Legal proceedings based on a hidden defect must be brought within two years from the date on which the defect was discovered, subject to any other limitation rules applicable under French law.

The customer is encouraged to contact OIM PROPHETIC promptly after identifying the alleged hidden defect so that the claim may be assessed and, where possible, resolved amicably.

12.5 Procedure for submitting a claim

To submit a claim relating to a hidden defect, the customer should contact:

supportoimprophetic@gmail.com

The request should include:

• the customer’s full name;

• the order number;

• proof of purchase;

• a detailed description of the alleged defect;

• the date and circumstances in which the defect was discovered;

• the remedy requested;

• and any available evidence supporting the claim.

OIM PROPHETIC shall review the information supplied and may request additional evidence or an examination of the product.

Any investigation shall be conducted in good faith and shall not unlawfully restrict or delay the customer’s statutory rights.

12.6 Relationship with other guarantees

The legal guarantee against hidden defects applies independently of the legal guarantee of conformity.

Where the conditions of more than one legal guarantee are satisfied, the customer may rely on the legal basis that is applicable to their situation, subject to the rules prohibiting duplicate compensation for the same loss.

Nothing in these Terms and Conditions limits the customer’s mandatory rights under Articles 1641 to 1649 of the French Civil Code.

Under the French Civil Code, an established hidden defect allows the buyer to return the product for reimbursement or retain it in exchange for a partial price refund. The action must be brought within two years of discovering the defect.

 

ARTICLE 13: PERSONAL DATA PROTECTION AND COOKIES

13.1 Data controller

For the purposes of applicable personal data protection legislation, including Regulation (EU) 2016/679, known as the General Data Protection Regulation or “GDPR”, and the French Data Protection Act, the data controller is:

Lesdimensions, operating under the commercial name OIM PROPHETIC

Registered office:

64 Boulevard National
13001 Marseille
France

SIREN: 903 260 719
SIRET: 903 260 719 00013

For any question concerning the collection or processing of personal data, the user or customer may contact:

supportoimprophetic@gmail.com

13.2 Personal data collected

OIM PROPHETIC may collect personal data when a user:

• visits or browses the website;

• creates a customer account;

• places an order;

• subscribes to commercial communications;

• contacts customer support;

• exercises a legal right;

• submits a complaint or return request;

• participates in a promotional operation;

• or otherwise interacts with the website.

The personal data collected may include:

• first name and surname;

• email address;

• telephone number;

• billing address;

• delivery address;

• postcode, city and country;

• customer account information;

• order history;

• product and delivery information;

• payment status and transaction references;

• communications with customer support;

• return, refund and complaint information;

• marketing preferences;

• device, browser and technical information;

• IP address;

• website browsing and cookie information.

OIM PROPHETIC does not ordinarily receive or retain the customer’s complete bank card information.

Payment information is processed by the secure payment service providers made available through the website and the Wix platform.

The customer undertakes to provide personal information that is accurate, complete and current.

Where the customer provides personal data relating to another person, particularly the recipient of a delivery, the customer confirms that they are authorised to provide that information for the relevant purpose.

13.3 Purposes of processing

Personal data may be collected and processed for the following purposes:

• creating and managing customer accounts;

• processing and confirming orders;

• collecting and verifying payments;

• preparing and delivering products;

• communicating order and delivery information;

• issuing invoices and accounting documents;

• managing returns, refunds and withdrawals;

• handling customer enquiries and complaints;

• applying the legal guarantees;

• detecting and preventing fraud;

• securing the website and customer accounts;

• complying with legal, accounting and regulatory obligations;

• establishing, exercising or defending legal claims;

• improving the website, services and customer experience;

• measuring website traffic and performance;

• sending commercial communications where legally permitted;

• managing promotional offers and marketing preferences.

OIM PROPHETIC shall not process personal data for purposes that are incompatible with those for which the information was originally collected, unless permitted by law or based on a new valid legal basis.

13.4 Legal bases for processing

Depending on the purpose concerned, personal data may be processed on one or more of the following legal bases:

• performance of a contract or implementation of pre-contractual measures requested by the customer;

• compliance with a legal or regulatory obligation;

• the legitimate interests of OIM PROPHETIC, provided that those interests do not override the rights and freedoms of the individual;

• the individual’s consent;

• establishment, exercise or defence of legal claims.

Processing required to manage an order, collect payment and arrange delivery is necessary for the performance of the sales contract.

Where processing is based on consent, the individual may withdraw that consent at any time.

Withdrawal of consent shall not affect the lawfulness of processing carried out before the withdrawal.

13.5 Commercial communications

OIM PROPHETIC may send commercial communications where the recipient has consented to receive them or where another legal basis permits such communications.

Each marketing email shall provide a method allowing the recipient to unsubscribe or change their communication preferences.

The recipient may also object to receiving commercial communications at any time by contacting:

supportoimprophetic@gmail.com

Unsubscribing from marketing communications shall not prevent OIM PROPHETIC from sending messages that are necessary for the performance of an order, the management of a customer account or compliance with a legal obligation.

13.6 Recipients of personal data

Personal data shall only be accessible to persons and service providers who require it for the purposes described in this Article.

Depending on the circumstances, recipients may include:

• authorised members of OIM PROPHETIC;

• Wix and its relevant technical service providers;

• secure payment service providers;

• banks and payment institutions;

• delivery and logistics providers;

• hosting, information technology and cybersecurity providers;

• email and customer communication providers;

• accounting and administrative service providers;

• legal advisers, insurers and other professional advisers;

• public authorities, courts or regulators where required by law.

These recipients may act either as independent data controllers or as processors acting on behalf of OIM PROPHETIC.

OIM PROPHETIC does not sell customers’ personal data.

Personal data shall not be disclosed to third parties for purposes unrelated to the operation of the website, fulfilment of orders or legal obligations without an appropriate legal basis.

13.7 International transfers

Certain service providers used in connection with the website, payment services, communications or technical infrastructure may process personal data from countries located outside the European Economic Area.

Where personal data is transferred outside the European Economic Area, OIM PROPHETIC shall take reasonable steps to ensure that the transfer is carried out in accordance with applicable data protection legislation.

Depending on the destination and service provider, the transfer may be based on:

• an adequacy decision adopted by the European Commission;

• standard contractual clauses approved by the European Commission;

• binding corporate rules;

• or another legally recognised transfer mechanism.

Additional safeguards may be implemented where required by applicable law.

13.8 Data retention

Personal data shall not be retained for longer than is necessary for the purposes for which it was collected.

The applicable retention period may vary depending on:

• the nature of the information;

• the purpose of the processing;

• the duration of the customer relationship;

• the existence of an active customer account;

• applicable limitation periods;

• accounting and tax obligations;

• legal guarantee periods;

• the need to establish, exercise or defend legal claims;

• the user’s marketing preferences.

Order, payment, invoicing and accounting information may be archived for the periods required by applicable law.

Customer support communications and complaint records may be retained for the time necessary to manage the request and protect the rights of the parties.

Marketing information may be retained until the individual withdraws consent, objects to the processing or until the applicable retention period expires.

Once personal data is no longer required, it shall be deleted, anonymised or securely archived where continued retention is legally required.

13.9 Data security

OIM PROPHETIC takes appropriate technical and organisational measures designed to protect personal data against:

• accidental or unlawful destruction;

• loss;

• alteration;

• unauthorised disclosure;

• unauthorised access;

• fraudulent use;

• and other unlawful forms of processing.

These measures may include restricted access, account authentication, secure payment services, technical protections, backups and organisational procedures.

Nevertheless, no transmission or storage system can guarantee absolute security.

The user is responsible for protecting their password, devices and internet connection and must promptly inform OIM PROPHETIC of any suspected unauthorised use of their account.

13.10 Individual rights

Subject to the conditions and limitations established by applicable law, individuals may have the following rights regarding their personal data:

• the right to obtain information about the processing of their data;

• the right of access;

• the right to rectification;

• the right to erasure;

• the right to restriction of processing;

• the right to data portability;

• the right to object to certain processing;

• the right to withdraw consent at any time;

• the right not to be subject to a decision based solely on automated processing where that decision produces legal or similarly significant effects;

• the right to submit a complaint to a competent supervisory authority.

The availability of a particular right may depend on the legal basis and purpose of the relevant processing.

For example, the right to erasure does not require OIM PROPHETIC to delete information that must be retained in order to comply with a legal obligation or establish, exercise or defend a legal claim.

13.11 Exercising data protection rights

A request concerning personal data may be sent to:

supportoimprophetic@gmail.com

The request should specify:

• the applicant’s full name;

• the email address associated with the customer account or order;

• the right being exercised;

• sufficient information to identify the relevant personal data.

Where there is reasonable doubt regarding the identity of the applicant, OIM PROPHETIC may request additional information necessary to confirm their identity.

Any identity information requested shall be proportionate to the risk and shall not be retained for longer than necessary to process the request.

OIM PROPHETIC shall respond within the period required by applicable law.

That period may be extended where permitted by law, particularly where a request is complex or where several requests have been received. The applicant shall be informed of any permitted extension.

Individuals also have the right to submit a complaint to the Commission Nationale de l’Informatique et des Libertés, known as the CNIL, if they consider that their personal data has been processed unlawfully.

13.12 Cookies and similar technologies

The website may use cookies and similar technologies placed on the user’s device when they visit www.oimprophetic.com.

Cookies are small files or technical identifiers that may allow the website to recognise a device, remember certain preferences, maintain a shopping basket, secure a session or collect information about website use.

The website may use the following categories of cookies:

• cookies strictly necessary for the operation and security of the website;

• shopping basket and checkout cookies;

• authentication and customer account cookies;

• preference and functionality cookies;

• audience measurement and analytics cookies;

• advertising and marketing cookies;

• social media or third-party service cookies.

Cookies that are strictly necessary for the operation of the website may be deposited without the user’s prior consent where permitted by law.

Cookies and trackers that are not strictly necessary shall only be deposited or accessed after the user has provided valid consent, where such consent is required.

The user must be given the opportunity to:

• accept non-essential cookies;

• refuse non-essential cookies;

• select categories of cookies;

• change or withdraw their choices at any time.

Refusing non-essential cookies shall not prevent access to the essential functions of the website.

However, certain optional functions or personalised services may be limited where the corresponding cookies have been refused.

The user’s cookie choices may be retained for a reasonable period so that the user is not asked to provide the same choice during every visit.

Users may also manage certain cookies through their browser settings. Disabling cookies through the browser may affect the operation of some website features.

Further information concerning cookies, their providers, purposes and retention periods may be provided through the cookie management interface and the website’s separate Cookie Policy.

13.13 Separate privacy documentation

This Article provides general information concerning personal data and cookies in connection with these Terms and Conditions.

OIM PROPHETIC may also publish a separate Privacy Policy and Cookie Policy containing more detailed information.

In the event of a conflict concerning the specific processing of personal data, the most recent applicable privacy notice shall apply, subject to mandatory legal provisions.

ARTICLE 14: FORCE MAJEURE

Neither OIM PROPHETIC nor the customer shall be held liable for a failure or delay in performing a contractual obligation where that failure or delay results from a force majeure event within the meaning of Article 1218 of the French Civil Code.

A force majeure event is an event that:

• is beyond the reasonable control of the party affected;

• could not reasonably have been foreseen at the time the contract was concluded;

• has consequences that cannot be avoided through appropriate measures;

• and prevents the performance of the relevant contractual obligation.

Depending on the circumstances and provided that the statutory conditions are satisfied, force majeure events may include:

• natural disasters;

• fires or floods;

• extreme weather events;

• war, terrorism or civil unrest;

• government restrictions;

• epidemics or pandemics;

• major transport or logistics disruptions;

• widespread telecommunications or electricity failures;

• large-scale cyberattacks;

• unexpected closure of transport routes;

• strikes external to OIM PROPHETIC;

• or another event satisfying the legal definition of force majeure.

The mere occurrence of one of these events shall not automatically constitute force majeure. The event must genuinely satisfy all legal conditions and prevent performance of the obligation concerned.

A delay or failure by an ordinary carrier, supplier or subcontractor shall not automatically constitute force majeure unless the underlying event itself satisfies the applicable legal conditions.

The party affected by the force majeure event shall inform the other party as soon as reasonably possible and shall provide, where available:

• a description of the event;

• the obligations affected;

• the expected consequences;

• and the estimated duration of the interruption.

The affected party shall take reasonable measures to limit the consequences of the event and resume performance as soon as reasonably possible.

Where the impediment is temporary, performance of the affected obligation shall be suspended for the duration of the force majeure event, unless the resulting delay justifies termination of the contract under applicable law.

Where the impediment is permanent or makes performance definitively impossible, the affected contract or order may be terminated in accordance with applicable law.

Where an order is terminated due to force majeure before the products have been delivered, OIM PROPHETIC shall reimburse the amounts paid for products or services that will not be supplied.

Nothing in this Article excludes any responsibility or remedy that cannot legally be excluded.

ARTICLE 15: SEVERABILITY AND NON-WAIVER

If any provision of these Terms and Conditions is found to be unlawful, invalid, unenforceable or contrary to a mandatory legal rule, that provision shall be deemed unwritten or shall cease to apply only to the extent necessary.

The invalidity or unenforceability of one provision shall not result in the invalidity of the remaining provisions.

All other provisions shall continue to have full effect, provided that the general balance and essential purpose of the Terms and Conditions can be maintained.

Where reasonably possible, the invalid or unenforceable provision shall be replaced or interpreted by a valid provision that most closely reflects its original lawful purpose.

Failure or delay by OIM PROPHETIC or the customer to exercise a contractual or legal right shall not constitute a waiver of that right.

A waiver shall only be effective where it is clear, specific and, where appropriate, recorded in writing.

The exercise of a right on one occasion shall not prevent that right from being exercised again in the future.

ARTICLE 16: AMICABLE SETTLEMENT AND CONSUMER MEDIATION

16.1 Prior complaint to customer support

In the event of a disagreement relating to the website, a product, an order, payment, delivery, withdrawal, refund or legal guarantee, the customer is invited to contact OIM PROPHETIC before initiating formal proceedings.

A written complaint may be sent to:

supportoimprophetic@gmail.com

The complaint should include:

• the customer’s full name;

• the order number;

• the email address used to place the order;

• a clear description of the dispute;

• any relevant supporting documents;

• the solution requested by the customer.

OIM PROPHETIC and the customer undertake to act in good faith and make reasonable efforts to resolve the dispute amicably.

The customer must provide the information reasonably required to review the complaint.

OIM PROPHETIC shall examine the complaint and provide a response within a reasonable period, taking into account its complexity.

Submitting an amicable complaint does not deprive the customer of any mandatory legal right.

16.2 Consumer mediation

In accordance with the French Consumer Code, a consumer has the right to use a consumer mediator free of charge for the amicable resolution of an unresolved dispute with a professional.

Before publication of these Terms and Conditions, OIM PROPHETIC must insert the complete details of the consumer mediator to which it belongs:

[TO BE COMPLETED FOLLOWING VALIDATION BY THE LAWYER]

Name of the consumer mediator:
[Insert mediator’s name]

Postal address:
[Insert mediator’s address]

Website:
[Insert mediator’s website]

Electronic submission procedure:
[Insert applicable instructions or link]

The mediator’s contact information must also be made accessible on the website and communicated to the customer where a dispute has not been resolved following a prior written complaint to OIM PROPHETIC.

16.3 Conditions for mediation

A dispute may generally be submitted to the consumer mediator only where:

• the customer has first attempted to resolve the dispute directly with OIM PROPHETIC through a written complaint;

• the request is not manifestly unfounded or abusive;

• the dispute has not already been examined and is not currently being examined by another mediator or court;

• the request is submitted to the mediator within one year of the customer’s written complaint to OIM PROPHETIC;

• the dispute falls within the mediator’s field of competence.

The mediator may request the documents and information necessary to assess the dispute.

Consumer mediation is free of charge for the consumer, except for any optional costs personally incurred by the consumer, such as the cost of obtaining independent legal advice or expert assistance.

16.4 Voluntary nature of mediation

Mediation is an amicable and voluntary procedure.

The customer is not required to accept a proposed solution issued through mediation.

A clause requiring a consumer to complete mandatory mediation before bringing a claim before a competent court shall not apply.

The customer and OIM PROPHETIC remain free to bring legal proceedings in accordance with applicable law.

ARTICLE 17: GOVERNING LAW AND JURISDICTION

These Terms and Conditions and all sales concluded through www.oimprophetic.com are governed by French law.

The choice of French law shall not deprive a consumer residing in another country of the European Union of any mandatory consumer protection provisions granted by the law of the country in which the consumer has their habitual residence, where those provisions apply under European Union law.

The parties shall first attempt, where reasonably possible, to resolve any dispute amicably in accordance with Article 16.

If no amicable solution is reached, the dispute may be submitted to the competent courts in accordance with the applicable legal and procedural rules.

A consumer may bring proceedings before:

• any court having territorial jurisdiction under the French Code of Civil Procedure;

• the court of the place where the consumer resided when the contract was concluded;

• or the court of the place where the harmful event occurred,

where such jurisdiction is provided by applicable consumer law.

Nothing in these Terms and Conditions requires a consumer to bring proceedings exclusively before the courts of Marseille where another court has mandatory jurisdiction or the consumer has a statutory choice of jurisdiction.

For customers acting for professional or commercial purposes, disputes shall be submitted to the courts determined by the applicable procedural rules, unless a separate valid written jurisdiction agreement provides otherwise.

OIM PROPHETIC’s website is operated from France and is intended for customers located in France and the European Union.

Where the website is accessed from another country, the user remains responsible for ensuring that access to and use of the website are lawful in that country.

However, this provision shall not allow OIM PROPHETIC to exclude or restrict any mandatory obligation applicable to sales intentionally directed toward consumers in another European Union Member State.

Nothing in these Terms and Conditions excludes or limits any consumer right, legal guarantee, remedy or jurisdiction that cannot lawfully be excluded or limited.