Terms and Conditions of Sale

1. Identification of the merchant

The website Oserene (https://oserene.com) is operated by ROKEDO, sole proprietorship registered in Ontario, operated by Hatim Ghaiti (sole proprietor), registration Business Identification Number (BIN) 1001626702, tax numbers none (not registered for GST/HST, small supplier), head office: 62 Sweetland Avenue, Apartment 2b, Ottawa, Ontario, K1N7T6, Canada. Contact: hello@oserene.com.

2. Scope and acceptance

These terms govern every sale concluded on the site with a consumer located in Canada, the United States, France, the United Kingdom, Belgium or the Netherlands. These terms apply without prejudice to any mandatory consumer-protection rights the customer may have under the law of their country of residence. Placing an order implies full acceptance of these terms, which the customer acknowledges having read before validating the order. Oserene may update these terms at any time; the applicable version is the one in force on the order date. This contract is an internet agreement within the meaning of the Ontario Consumer Protection Act, 2002 (Part IV) where it applies, and of the equivalent legislation of the customer's province, state or country. The customer must have reached the age of majority in their province, state or country of residence to place an order.

3. Products, safety and precautions for use

Products are described as accurately as possible; photographs are not contractual and colours may vary slightly between screens. Our massage devices are wellness accessories, not medical devices, and our cosmetics are cosmetic products, not drugs or natural health products. Product descriptions describe a sensation of comfort or well-being and do not constitute a promise of therapeutic, medical, slimming or anti-hair-loss results; results vary from one person to another. Products do not diagnose, treat, cure or prevent any disease and do not replace medical advice or treatment.

3.1 Information before purchase

Each product page includes a “Safety, allergies & precautions” section, reproduced in the appendix to these terms, which forms an integral part of them. Before ordering, the customer undertakes to read it, as well as the ingredient list printed on the packaging, which is the reference in case of discrepancy. By placing an order, the customer confirms that, to her knowledge, she has no contraindication to the use of the products ordered, or that she has obtained the approval of a healthcare professional.

3.2 Main contraindications

• Devices: do not use without a doctor's approval in case of pregnancy, pacemaker or electronic implant, heart disease, epilepsy, phlebitis or thrombosis, cancer, diabetes with loss of sensation, fever, bleeding disorder or anticoagulant treatment; never on a wound, inflammation, fracture or recently operated area; never while sleeping, in water or with wet hands. Microcurrent (EMS) devices are strictly forbidden for people with a pacemaker or electronic implant and for pregnant women.
• Heat functions: risk of burns; 15 minutes maximum per area; not recommended for people with reduced heat sensitivity.
• Cosmetics: external use only; 48-hour patch test before first use (24 hours before each use for the depilatory cream); avoid eyes, mucous membranes and broken skin.
• Allergens: products containing bee venom are contraindicated for anyone allergic to bee or wasp stings or to hive products, as they may cause a severe allergic reaction; other products contain sweet almond oil (tree nuts), coconut oil, plants from the Asteraceae family (mugwort, chamomile, calendula) or essential oils containing natural allergens (linalool, limonene, geraniol, citral).
• Essential oils: never swallow or apply undiluted; not for children under 6 (under 10 for peppermint, eucalyptus and rosemary); not recommended during pregnancy and breastfeeding; caution in case of epilepsy or asthma; citrus oils are photosensitising.
• Children: all products are intended for adults and must be kept out of reach of children.

3.3 Adverse reactions and emergencies

In case of an unusual reaction (redness, burning, itching, swelling, pain, discomfort), the customer must stop use immediately and consult a healthcare professional if it persists. In case of a severe allergic reaction (difficulty breathing, swelling of the face or throat, faintness), she must call emergency services immediately (911 in Canada and the United States, 112 in the European Union, 999 in the United Kingdom). The customer is invited to inform us of any adverse reaction at hello@oserene.com, so that we can assist her and, where applicable, report it to the competent authorities. Oserene will inform affected customers of any product recall or safety notice by email.

3.4 Personal use

Products are sold to consumers for private and personal use. Any professional use (beauty salon, spa, care practice) or resale is at the buyer's sole responsibility.

4. Prices, currency and taxes

Prices are displayed in US dollars (USD) by default, and automatically converted to Canadian dollars (CAD), euros (EUR) or pounds sterling (GBP) when a different currency is selected on the site (visitors in Canada see CAD by default), exclusive of applicable taxes and shipping costs. Applicable sales taxes (GST/HST/PST in Canada — 13% HST in Ontario —, state sales tax in the United States where required, VAT in the European Union and the United Kingdom where applicable) are calculated and shown at checkout before payment; where VAT is not collected at checkout, import VAT or customs handling fees may be charged on delivery. Shipping is free on every order, with no minimum purchase. Crossed-out prices correspond to the regular price previously charged on the site. Oserene may change prices at any time; the applicable price is the one displayed at the time of ordering. Your bank or card issuer may apply currency conversion fees; Oserene has no control over them.

5. Order

The customer selects products, validates the cart, enters delivery information and pays through Stripe. The order is confirmed once payment is accepted; a confirmation email summarising the order is sent within 15 days, which constitutes the written copy of the agreement required by the Ontario Consumer Protection Act, 2002. Oserene may refuse or cancel an order in case of a dispute with the customer, incomplete or incorrect information, or suspected fraud, and will then refund any amount paid. Orders are limited to 10 units per product.

6. Payment

Payment is made by credit or debit card (Visa, Mastercard, American Express), Apple Pay or Google Pay, through the secure Stripe platform (PCI-DSS Level 1). Oserene never stores card details. The card is charged when the order is validated. Promotional codes cannot be combined unless stated otherwise and cannot be applied retroactively.

7. Shipping and delivery

Products are shipped from our logistics partners' warehouses to Canada, the United States, France, the United Kingdom, Belgium and the Netherlands. The indicative delivery time is 5 to 7 days from order confirmation. A tracking number is emailed when the parcel ships. If the product is not delivered within 30 days after the date indicated (or within 30 days of the order when no date is indicated), the customer may cancel the order and obtain a full refund, in accordance with applicable consumer protection legislation. Customs duties or import fees, if any, are borne by the customer. The customer must check the parcel on receipt and report any damage within 48 hours to hello@oserene.com with photos; a replacement or refund will be offered at our expense.

8. Money-back guarantee and returns

Oserene offers a 30-day money-back guarantee from receipt: the customer may return any product, for any reason, by first writing to hello@oserene.com with the order number. The product must be returned within 14 days of the request, complete, in its original packaging and in a condition allowing resale. Return shipping costs are borne by the customer, except for defective or non-conforming products. For hygiene reasons, sealed products that have been opened (oils, items in direct contact with the skin) can only be returned if defective. The refund is issued to the original payment method within 14 days of receipt of the return.

This guarantee is in addition to the rights granted to consumers by the applicable legislation, including the right to cancel an internet agreement under the conditions provided by the Ontario Consumer Protection Act, 2002 (sections 40 and following: cancellation within 7 days if the required information or written copy was not provided, and within 30 days if the goods are not delivered by the promised date) or the equivalent provincial or state law.

9. Legal warranties

Consumers benefit from the legal warranties provided by applicable law, including the implied conditions of merchantable quality and fitness for purpose under the Ontario Sale of Goods Act (section 15) and the Consumer Protection Act, 2002 (section 9: goods must be of reasonably acceptable quality; this warranty cannot be waived), or the equivalent warranties in the customer's province or state. Electric devices also benefit from a 1-year commercial warranty against manufacturing defects, honoured by replacement or refund.

10. Liability and limitation of liability

To the maximum extent permitted by applicable law, Oserene's liability to the customer, on any basis (contract, warranty, tort including negligence, or otherwise), is limited to the amount actually paid by the customer for the order giving rise to the claim. Oserene is in no event liable for indirect, incidental, special, consequential or punitive damages, including lost profits, data or enjoyment, even if Oserene has been advised of the possibility of such damages. Oserene is not liable for damage resulting from misuse of products, failure to follow the instructions, safety recommendations and precautions for use (section 3 and appendix), an allergy or pre-existing medical condition, professional use, or events of force majeure (section 15). The customer uses the devices at their own risk and agrees to follow the warnings and contraindications on the packaging and in the instructions, and to indemnify Oserene against any claim arising from a failure to do so. Nothing in these terms limits or excludes any right or remedy that cannot be limited or excluded under applicable consumer protection legislation.

11. Personal information

Personal information is collected and processed in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's Anti-Spam Legislation (CASL) for commercial emails, and our privacy policy.

12. Intellectual property

All elements of the site (texts, images, logo, layout, product names) belong to Oserene or its partners and are protected by copyright and trademark law. Any reproduction without prior written authorisation is prohibited.

13. Customer service

For any question: hello@oserene.com, the site chat, or by mail to 62 Sweetland Avenue, Apartment 2b, Ottawa, Ontario, K1N7T6, Canada. Reply within 24 business hours, in French or English.

14. Complaints and disputes

In case of dispute, the customer first contacts customer service. Consumers may also contact the Ontario Ministry of Public and Business Service Delivery (Consumer Protection Ontario) — ontario.ca/consumerprotection or the consumer protection authority of their province or state. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without prejudice to the mandatory rules of the customer's place of residence. Any dispute is subject to the competent courts of the customer's district of residence, or the district of the merchant's head office where the law allows.

15. Force majeure

Oserene cannot be held liable for any delay or failure to perform its obligations where the cause is an event of force majeure, including: natural disaster, fire, strike, labour dispute, shortage of raw materials or transport, failure or interruption of computer or telecommunications systems, government decision, pandemic, war, or any other event beyond Oserene's reasonable control that makes performance of the order impossible or unreasonably burdensome. In such a case, performance of the affected obligations is suspended for the duration of the event; if it continues for more than 60 days, the customer may cancel their unfulfilled order and obtain a refund of amounts paid.

16. Assignment

Oserene may assign or transfer these terms and the rights and obligations arising from them, in whole or in part, including in connection with a merger, acquisition or sale of all or part of its assets, without the customer's prior consent and without altering the customer's rights under these terms. The customer may not assign their rights or obligations without Oserene's prior written consent.

17. Entire agreement, waiver and severability

These terms, together with the privacy policy and any order confirmation, constitute the entire agreement between the customer and Oserene regarding their subject matter, and supersede any prior agreement. Oserene's failure to exercise any right under these terms does not constitute a waiver of that right. If any provision of these terms is held invalid or unenforceable by a court of competent jurisdiction, that provision is deemed severed from these terms without affecting the validity of the remaining provisions, which remain in full force and effect.

18. Language

These terms are available in English and in French. Both versions have the same value; the customer may choose the language of the agreement.

Appendix — Precautions for use, allergens and contraindications by product

This appendix reproduces the “Safety, allergies & precautions” sections of the product pages. The instructions and ingredient list supplied with each product prevail.