Terms and Conditions

TERMS AND CONDITIONS

This website is owned and operated by ONCOVIA. ONCOVIA is a company registered in France under the company number 533 302 030. The registered office and principal place of business is: ONCOVIA, 24 rue Chaptal, 75009 Paris, France (“ONCOVIA”)

The website URL is www.oncovia.com/ (Hereby called “Website”)

How to contact ONCOVIA:

  • By writing: Oncovia, 24 rue Chaptal, 75009 Paris, France
  • Website: via the dedicated website contact form found at https://www.oncovia.com/en/contact-us
  • Email: via email to support@oncovia.com
  • Telephone: by telephone on +44 (0) 330 808 0782

These Terms and Conditions are the terms on which we sell our Products to you and are entered into between ONCOVIA, and any consumer purchasing a Product on the Website (hereby referred to as “Customer”).

Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from the Website. They are the terms on which we make our website available and sell our products to you. You will be required to read and accept these Terms and Conditions when ordering Products. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products through our Website. These Terms and Conditions, are in the English language.

Amendment of Current Terms and Conditions

ONCOVIA reserves the right to update, change or replace at any moment these Terms and Conditions (hereby referred to as “terms”) (or any part of them) on our Website. It is the responsibility of the Customer to check the terms periodically for any changes. Following any changes made to these terms, the Customer’s continued use of and access to the Website constitutes acceptance of these changes.

Purpose of Terms and Conditions

These terms apply to all purchases made for Products sold by ONCOVIA on the Website. All orders placed on the Website result automatically in the Customer acknowledging and accepting these terms. The Customer certifies that he/she has read and understood these terms before finalising their order.

The following words used in these terms shall have the following meanings:

  • Personal Information: All data and/or information provided by and about the Customer (email address, name, address, credit card, or other payment information, etc.)
  • Website: This and all other websites on which ONCOVIA provides its Products to Customers
  • Customer: All users of the Websites, whether they make a purchase or not
  • Products: All Products provided directly by ONCOVIA on their Websites
  • Operations: Any activity on the Websites that requires an engagement by the Customer and ONCOVIA (For example, ordering a Product)
  • Suppliers: A partner company that sells Products to ONCOVIA to be sold on the Websites to the Customer

Presentation of Products

ONCOVIA sells Products that are intended for people diagnosed with cancer and who will be, are being or have already been treated for their cancer with treatments, such as Radiotherapy or Chemotherapy, and who are experiencing and/or living with the secondary effects of these treatments.

ONCOVIA makes all reasonable efforts to display and describe the Products sold on the Website in the most precise way possible. However, ONCOVIA will not be held liable or responsible for any errors, inaccuracies or omissions made in these descriptions (provided they are only minor variations from the Products described).

The Customer fully acknowledges that the different elements displayed on the Website, most of which are provided by ONCOVIA’s Suppliers, such as photographs, texts, graphics, but also all information and characteristics illustrating and/or accompanying the Products, are provided as a guide and are not contractual. Please note that this does not exclude ONCOVIA’s responsibility for mistakes due to negligence on ONCOVIA’s part and refers only to minor variations of the Products, not to different products altogether. 

ONCOVIA reserves the right to alter or cease the supply and availability of any Product on the Website. ONCOVIA does not commit to continue supplying any specific Product, brand or type of Product.

Access to the Website is provided “as is” and on an “as available” basis.  ONCOVIA may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. ONCOVIA will not be liable to Customers in any way if the Website (or any part of it) is unavailable at any time and for any period.

Customer Accounts

The Customer can create an account by clicking on “MY ACCOUNT” and then filling in the address mail in the section “I'm not a Customer - Register” and then submitting the required information. Once created, the Customer will need to log in with the email address and password given during the account creation procedure.

In case of any questions, or following the suspension or deletion of an account, the Customer can contact ONCOVIA directly during opening hours (Monday to Friday, 10am to 6pm CET) via one of the contact options listed above.

For Business Accounts:

A special account must be created. The company can request a business account in "Pro Space". Once the request has been validated by ONCOVIA, an email will be sent to the owner of the account with the login information.

Online Orders

No part of our Website constitutes a contractual offer capable of acceptance. Placement of a Customer’s order constitutes a contractual offer that ONCOVIA may, in its sole discretion, accept. The order is validated, and a legally binding contract formed, once the Customer is sent an email by ONCOVIA confirming all order details. Order validation automatically means that the Customer acknowledges and accepts these Terms and Conditions.

All information provided and the validation of the online order confirms the proof of transaction. The online validation (by ticking a box stating that you agree to these terms) by the Customer is equivalent to the Customer’s signature and the acceptance of the requested Operations. The Customer’s online order is confirmed by an email from ONCOVIA containing all the information about the order, including details of the Product(s) purchased, fully itemised pricing for the Product(s) (including, where appropriate, taxes, delivery and any other additional charges) and the estimated delivery date.

ONCOVIA has the right to refuse or cancel an online order if the Customer has already been involved in a previous case of litigation with ONCOVIA, if the Customer cannot correctly pay the order, or if the Products are no longer in stock. If we do not accept or cannot fulfil your order for any reason, we will explain why. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to the Customer as soon as possible and in any event within 14 days.

If a Customer does not give us accurate or complete information within a reasonable time of our request, ONCOVIA may cancel the order and treat the contract as being at an end. If ONCOVIA incurs any costs as a result of a Customer’s incorrect or incomplete information, ONCOVIA may pass those costs on to the Customer.

ONCOVIA undertakes to honour the orders received within the limits of available stock. If ONCOVIA is not able to honour the orders received, the Customer will be informed by telephone or email. ONCOVIA will not be held responsible for the unavailability of an article sold on the Website.

Financial Conditions

         Prices

All prices presented on the Website are in Euros (€), English Pounds (£) and American Dollars($). Prices are displayed inclusive of VAT (where applicable) at the current rates and include any other applicable French taxes. Prices can be changed by selecting the desired currency in the top corner of the ONCOVIA website.

The prices listed on the Website do not include delivery fees. Delivery options and related charges will be presented to Customers as part of the order process and the total price (including delivery) will only be shown upon the final validation of the Customer’s order.

It is important to note that Supplier prices change constantly, which means that prices are susceptible to change at any moment on the Website. Products will be invoiced at the price shown on the Website at the date and time of the Customer’s order. Changes in price will not affect any order that a Customer has already placed.

The Customer may benefit from discount codes sent by ONCOVIA from time to time that can be used on the Website. The conditions of use of such codes shall be respected. ONCOVIA reserves the right to change prices and to add, alter, or remove special offers from time to time in its sole discretion.

For Business Accounts:

Preferential prices are available for businesses. Once the business has a validated account, the prices shown on the website will be not include VAT and will be shown in the chosen currency (Euros, British Pounds or American Dollars). The VAT will be shown once the order has been finalised. The final price shown at the end of the order process will be the total price to be paid.

         Secured Payment

Order payments must be made by credit or debit card, bank transfer or Paypal. Payment is secure and ONCOVIA is never in possession of the Customer’s bank details. Payment for Products and related delivery charges must always be made in advance.

If payment is refused or declined, ONCOVIA may cancel the Customer’s order. ONCOVIA has the right to suspend or cancel a transaction for any legitimate reason, including if fraudulent activity is suspected or there is an outstanding debt owed by the Customer to ONCOVIA.

Bank cards from countries outside of Britain must be international bank cards. ONCOVIA reserves the right to cancel any order if the IP address of the Customer is listed in a different country from the delivery and/or invoicing address. Any currency exchange and/or bank fees charged by your bank are payable solely by you.

All orders may require a 3D secure technology authentication. This requires you to add a code sent from your bank in order to confirm payment for orders to help avoid fraud.

Delivery

ONCOVIA delivers Products to all countries in the United Kingdom, European Union, Switzerland, North Africa and North America. In general, the delivery of ordered Products will be made as quickly as possible and will normally be delivered within 30 calendar days unless otherwise specified during the order process (subject to delays caused by events outside of ONCOVIA’s control). However, delivery dates are approximate and time of delivery is not guaranteed. 

Delivery costs to the United Kingdom are free for all orders over 80€, and most countries in Europe are free for all orders over 150€.

We have chosen UPS, Chronopost and Colissimo (standard French postal service) as our delivery providers for all deliveries. Orders are dispatched within 48 hours from order confirmation (Monday to Friday, and any orders made on the weekend are dispatched the following Monday).

For orders delivered outside of the European Union, taxes and custom duties may apply. These extra fees are at the Customer’s charge and should be paid at delivery. Your final order amount does not include these taxes and custom duties. For information purposes only:

Delivery prices and countries

  • Europe 1: Croatia, Iceland, Norway, Ukraine
  • Europe 2: Denmark, Finland, Greece, Sweden
  • Europe 3: Bulgaria, Cyprus, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia
  • French Overseas Departments: Guadeloupe, Martinique, Mayotte, Reunion Island, Saint-Barthelemy, French Guyana
  • French Overseas Territories: New Caledonia, Wallis and Futuna, French Polynesia
  • North Africa: Morocco, Algeria, Tunisia
  • North America: Canada, USA
  • Asia: China, South Korea, Japan, Singapore

Stock indications are not provided on the Website. The availability of Products on each product page is strictly for information purposes only. Certain articles presented on the Website are not available in stock and an order by ONCOVIA must be placed to the Supplier which can add an additional delay to the Customer’s delivery time. Where this is the case, the Customer will be notified of the expected delay in delivery time.

If your order contains one or more unavailable Products, it will not be dispatched before all the Products have been received and assembled into one parcel.

Delivery will be completed when a Customer’s order is delivered to the delivery address indicated by the Customer during his/her order. Deliveries can be made to a home address, or to any other address that is different from the invoicing address as indicated by the Customer. If no one is available at the Customer’s delivery address to receive the Products, if the Products cannot be posted through the Customer’s letterbox, and if we cannot contact the Customer to arrange redelivery or collection, ONCOVIA will treat the contract as cancelled and recover the Products. If this happens, the Customer will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill the Customer for any reasonable additional costs that ONCOVIA incurs in recovering the Products.

The delivery delays are the complete responsibility of the delivery provider. ONCOVIA will not be responsible for delayed delivery times. If ONCOVIA fails to deliver the Products, its legal responsibility to Customers will be limited to the costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the products. ONCOVIA will not be legally responsible to Customers for non-delivery if Customers give ONCOVIA inadequate delivery or other supply instructions.

In the case of a damaged parcel (already opened, missing Products, etc.), the Customer must notify ONCOVIA by any of the contact means listed above within 3 business days following receipt.

For Business Accounts:

Delivery cost for businesses is 15€ (VAT not included) for all orders to the United Kingdom and Ireland. Please note that for businesses situated in other countries, delivery costs may vary. Please contact ONCOVIA directly for more information about delivery costs to a specific country. 

Withdrawal, Returns and Exchanges

By law, ONCOVIA must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information provided, and that match any samples that Customers have seen. If a Customer discovers that some or all of the Products do not meet this promise, they can either reject them within 30 days of their receipt, or require ONCOVIA to repair or replace them, or (if we fail to do that) require us to refund the price of the defective Products. This will only apply, however, if the Customer has given ONCOVIA a reasonable opportunity of examining the Products and returned the Products to ONCOVIA at our cost, if requested. These rights do not apply if: (a) a Customer continues to use the Products after it has given ONCOVIA notice of a defect; (b) the defect has arisen because the Customer has failed to follow any written or oral instructions on the use, storage or maintenance of the Products; (c) a Customer alters or repairs the Products without previously getting ONCOVIA’s written agreement; or (d) the defect is a result of fair wear and tear, negligence, abnormal storage or working conditions, or deliberate damage.

Customers within the EU also have a right to cancel their orders within 14 days of receipt of the Products if it is placed with us electronically. However, we grant our Customers an extension of this period to within 100 days of receipt of such Products. If the Customer has already paid for the Products, the payment will be refunded within 14 days of cancellation (including delivery costs where the full order is returned). This cancellation right does not apply if the Products: (a) have been personalised for your use; (b) are liable to deteriorate or expire rapidly; (c) have been sealed for health protection or hygiene purposes and were unsealed after you received them; (e) any cosmetic and makeup products that are not sold in a sealed packaging at purchase and can be opened freely on delivery; or (d) which become mixed inseparably with other items after their delivery.

To make the claim, the Customer must first request a return on the Website via “My Account” in the section “My Orders”, or by telephone at +44 (0) 330 808 0782, or by email to support@oncovia.com. Once the return has been accepted, the Customer has a further 14 business days to send back the Products to ONCOVIA at their own expense.

The returned Products must be intact, unused, in perfect condition for resale and in their original packaging. They should not be worn, washed, used, subjected to any deterioration (even the slightest) and in a perfectly clean condition. Any Product that is damaged, incomplete or returned with deteriorated packaging will not be reimbursed or exchanged.

The Products must be returned to the following address:

Oncovia
24 rue Chaptal
75009 Paris
France

The reimbursement will be made to the bank account used for payment. The reimbursement will be made within 14 business days following receipt of the returned Product(s).

If the article is not returned by the Customer within 14 business days following the request to return the Products made by the Customer, then the Customer will lose his/her return rights under this section.

Any returns sent to ONCOVIA that have not been accepted beforehand following the procedure outlined above will not be processed and will be sent back to the client. If the parcel is lost in transit, ONCOVIA will not be held responsible.

Transfer of Property of Goods

Until full payment has been made by the Customer (including any applicable delivery charges) for their order, the Products will remain the property of ONCOVIA. As soon as completion of delivery occurs, the risk of loss or damage to the Products are transferred to him/her.

Warranty

All Products sold on the Website are covered by the Manufacturer’s Warranty, details of which (where applicable) will accompany or be stated on the Product. The Customer is informed that ONCOVIA is not the manufacturer of the Products sold on www.oncovia.com. The conditions and Warranty duration vary depending on the Product. For any complementary information, please contact ONCOVIA directly.

Intellectual Property

All content and elements shown on the Website and on the associated blog (https://www.oncovia.com/blog/en/) and the copyright and other intellectual property rights subsisting in those materials, including but not limited to images, text or sounds, graphics, software and logos, belongs to or has been licensed by ONCOVIA and are protected by applicable United Kingdom and international intellectual property laws. As such, any reproduction, copying or re-use of the Website, partial or whole, is strictly prohibited.

Disclaimer

Nothing on our Website constitutes advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, ONCOVIA makes no representation, warranty, or guarantee that any Products will achieve any specific results, that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

Liability

ONCOVIA will not be held liable to Customers in case of any indirect, special or consequential loss, or loss resulting from the wrong utilisation of a Product sold on the Website, or for any loss which Customers allege arises as a consequence from ONCOVIA’s contract with them.

ONCOVIA will not be liable for any inconvenience, loss or damages resulting from a virus or other malware, ISP equipment failure, host equipment failure, communications network failure or other harmful material or event that may adversely affect a Customer’s hardware, software, data or other material that occurs as a result of a Customer’s use of our Website.

Additionally, ONCOVIA is exempt from any liabilities for any failure or delay in carrying out any contract which is caused by a force majeure event outside ONCOVIA’s reasonable control, which includes without limitation: natural disasters, severe weather, government actions, war, terrorism, riots and strikes or being let down by suppliers or sub-contractors.

Finally, ONCOVIA’s total liability under the contract is limited to the total amount of the Customer’s order.

These terms do not limit ONCOVIA’s legal responsibility for death, personal injury caused by our negligence, fraud, or any other matter that the law says cannot be excluded (for example under the Consumer Rights Act, 2015).

Termination of Contract

If the Customer violates these terms, their account will be immediately suspended or terminated or any other appropriate and lawful action deemed necessary will be taken by ONCOVIA in its sole discretion.

When possible, ONCOVIA may give notice to the Customer by email, however, ONCOVIA reserves the right to act immediately and without notice as decided by ONCOVIA, in its sole discretion.

ONCOVIA may involve or cooperate with law enforcement authorities if any alleged or suspected criminal activity occurs. No refunds or credits will be made in relation with any activities that violate these terms.

Data Protection

ONCOVIA acknowledges that all data provided by the Customer on the Website is extremely important and confidential. The Customer is warned of the potential security risks of transferring personal data over the Internet. ONCOVIA commits to only collect, use and hold the Customer’s Personal Information in accordance with the Data Protection Act 1998 and consumers’ rights under that Act.

The Customer has the right to access their Personal Information held by ONCOVIA at any moment. To do so, the Customer can send an email to support@oncovia.com, fill in the contact section on https://www.oncovia.com/en/contact-us or call ONCOVIA by telephone on +44 (0) 330 808 0782.

General

We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment or sub-contracting, but the Customer may not do any of these things unless ONCOVIA has previously agreed in writing that you can.

Nobody other than ONCOVIA and you may rely on these terms.

Changes to these terms and any contract formed under it are only binding if ONCOVIA agrees them in writing, signs them and gives you a copy.

Delay in exercising a right under the contract will not take away that right or any other right.

If any part of these terms is unenforceable, the rest will remain in force.

The Customer accepts and fully acknowledges that English law governs these terms, as well as any dispute, disagreement or litigation that may arise between the Customer and ONCOVIA relating to these terms. In addition, the Customer acknowledges and accepts that the courts of England and Wales will have non-exclusive rights to deal with any disputes arising from these terms.