Terms of Sale - France

These terms of sale apply by default to all clients submitting online orders at GetNano, which are governed by Oocap SAS, based in France. For offline orders placed through Oocap Inc., based in the United States, or if you have received a quote from Oocap Inc., please refer to the Terms of Sale for Oocap Inc. (USA).

All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon buyer's assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative of seller.

Technical Data
Technical Support
Payments
Vendor's Corporate Information
Shipping, Insurance & Handling (S&H)
Taxes and Customs Charges
Warranties
Return Shipments
Cancellation
Patent Infringements
Disputes

1. Technical Data

We make every effort to ensure that the technical information provided on our product pages is accurate and up to date. However, we cannot guarantee the accuracy, completeness, or suitability of the information for any particular purpose.

Before placing an order, the buyer and/or user should review all available technical information, including technical descriptions, documents such as Certificates of Analysis (COA), Safety Data Sheets (SDS), Transmission Electron Microscopy (TEM) images, Scanning Electron Microscope (SEM) images, X-Ray Diffraction (XRD) patterns, if available, and any other relevant documents.

Please note that some variations of the specifications may be acceptable. It is the responsibility of the buyer and/or user to determine the suitability of the product for their intended application.

Please contact us if you have any questions or concerns regarding the technical information provided.

2. Technical Support

At the buyer's request, the seller may provide technical assistance and information regarding the products sold. The technical assistance and information provided by the seller are for guidance purposes only and should not be relied upon as a substitute for professional advice. Unless otherwise agreed in writing, all such technical assistance and information will be provided without any representation or warranty. You, as the user, assume sole responsibility for the results obtained in relying on this information.

Seller makes no warranties of any kind or nature with respect to technical assistance or information provided, including without limitation any implied warranty or merchantability or fitness for a particular purpose. Any suggestions by the seller regarding use, application, or suitability of the products shall not be construed as an express or implied warranty.

The seller will not be liable for any damages resulting from the use of technical assistance or information provided by the seller.

3. Payments

3.1. Institutional purchase orders must be paid within 30 days of the invoice date, unless alternative terms have been agreed upon in writing. Overdue payments will incur a late fee of 1.5 % per month on the outstanding balance.
3.2. When submitting payment, please reference the Vendor’s order ID number, which matches the invoice number.
3.3. For wire transfers, refer to the banking details provided on your invoice or in the instructions sent at the time of order submission. Payment instructions may vary based on your location or the currency used.
3.4. The proforma invoice amount must be paid in advance, with the remaining balance due 30 days from the invoice date, unless alternative arrangements have been made in writing.
3.5. Credit cards may not be accepted for large orders. If you need to make a large online payment, please contact your Sales Representative for assistance.
3.6. An Irrevocable Letter of Credit (or equivalent) may be required for large orders, unless stated otherwise in the quote or purchase order. Additionally, full or partial advance payment may be required depending on the client’s credit history.

4. Vendor's Corporate Information

You may need the below corporate information while submitting an order with us:

Company Name: Oocap SAS
Address: 5 Avenue de l'Europe, 13760 Saint-Cannat, France
Phone: +33 977 198 444
Company Type: Société par Actions Simplifiée
Capital: €40,000.00
VAT number: FR84521922492
EORI number: FR52192249200025

If you need additional information, please contact us.

5. Shipping, Insurance & Handling (S&H)

5.1. All prices and/or quotations listed or received from Oocap SAS, including online prices on www.getnanomaterials.com, are FCA Marseille, France, under Incoterms® 2020, unless otherwise specified in writing. Please refer to the sales documents you received (e.g., quotes or order confirmation) for the applicable shipping terms. In addition to product prices, shipping and handling fees will apply, varying based on shipping speed and destination. Shipping charges will be added to the invoice when shipment is under "Freight Prepaid" terms. If preferred, the buyer may request "Freight Collect," using the buyer’s shipping account or procedures.
5.2. Whenever possible, the seller will ship products by the method specified on the buyer's order, working closely with selected carriers for optimal service. Deviating from the list of selected carriers may result in additional expenses and shipment delays. If necessary, the seller may utilize other carriers to ensure timely and cost-effective delivery.
5.3 The seller shall not be liable for any delay in delivery or failure to deliver due to any cause beyond its reasonable control, such as natural disasters, labor disputes, or transportation disruptions. The seller will make all reasonable efforts to inform the buyer of any such delay and provide updated delivery estimates.

6. Taxes and Customs Charges

6.1. All prices and/or quotations listed or received from Oocap SAS, including online prices on www.getnanomaterials.com, are FCA Marseille, France, under Incoterms® 2020, unless otherwise specified in writing. Please refer to the sales documents you received (e.g., quotes or order confirmation) for the applicable terms.
6.2 CUSTOMS DUTIES MAY APPLY. If the buyer arranges for materials to be shipped to a destination country different from the shipping country, customs duties may apply. In this case, the consignee becomes the legal importer and is responsible for paying any applicable taxes and duties as required by governmental authorities in the destination country. All taxes, fees, or charges imposed by any government authority—such as sales taxes, excise taxes, duties, customs fees, inspection/testing fees, or any other charges of any kind—must be paid directly by the buyer to the relevant authorities. If the buyer qualifies for an exemption from any of these taxes or fees, they must provide the exemption certificate or appropriate documentation to the relevant authority at the time of order submission. Should the seller be required to pay any such tax, fee, or charge, the buyer agrees to reimburse the seller within 30 days from the date of the invoice.
6.3. The buyer is responsible for obtaining any necessary permits, licenses, or other documents required for the import, export, or transit of the products ordered. The buyer is also responsible for ensuring that the products ordered comply with all applicable laws and regulations in the destination country or region. The seller is not responsible for any costs or delays incurred due to the buyer's failure to comply with these requirements.
6.4. Any customs clearance or import duties levied on goods by the customs authorities of the destination country shall be the sole responsibility of the buyer. The seller shall not be liable for any delay, loss, or damage arising out of or in connection with any such customs clearance or import duties.
6.5. When both the shipping and destination countries are within the EU, and the consignee has provided a valid VAT Identification Number, indicating a B2B transaction, the sale is treated as an intra-community supply and is exempt from VAT at the point of sale. In these scenarios, the consignee is responsible for accounting for the VAT through the reverse charge mechanism and is also responsible for any import duties and/or customs clearance charges.
6.6. When both the shipping and destination countries are within the EU, and the consignee has not provided a valid VAT Identification Number, or if the transaction is classified as B2C (business to consumer), VAT will be applied at the point of destination according to the applicable rate and regulations.

7. Warranties

Seller warrants that its products conform to the specifications described on the website, in the technical data sheets, and/or the Certificates of Analysis, if applicable. This warranty is exclusive and in lieu of any other warranty, whether expressed or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

7.1. The seller's warranty is limited to the replacement of the product or the refund of the purchase price, at the seller's discretion, if the product does not meet the specifications described on the website or the technical data sheet.
7.2. This warranty does not cover any defects or failures resulting from improper handling, storage, or use of the product, or any other circumstances beyond the seller's control.
7.3. The buyer must inspect the products upon receipt and notify the seller of any defects or non-conformities within 30 days of receipt. Failure to provide such notice within the specified period will constitute acceptance of the products and a waiver of any claims for defects or non-conformities.
7.4. Due to the unpredictability of product customization, the lead time may be longer than the one initially quoted. Any warranty with respect to the lead time is expressly excluded.

8. Return Shipments

The return of any products must be authorized in advance by the seller and buyer must ask seller within 30 days upon receipt of goods. Unauthorized returns will not be accepted. The buyer is responsible for the cost of return shipping, and any applicable restocking fees, which will be 30% of the product price, unless otherwise agreed upon in writing. Returned products must be in new condition, in their original packaging, unopened, and in resalable condition.

In the event that a product is returned due to a defect or non-conformity, the seller will inspect the product upon receipt and determine whether a replacement or refund is warranted. If the seller determines that the product is not defective or non-conforming, the buyer will be responsible for the cost of return shipping, and any applicable restocking fees.

Refunds will be processed within 7 days of the seller's receipt and inspection of the returned product.

Returns will not be accepted for any custom-made or modified items unless the item is defective, damaged or does not meet the specifications agreed upon in writing between the buyer and seller.

Returns will not be accepted for orders exceeding €10,000 unless the item is defective, damaged, or does not meet the specifications agreed upon in writing between the buyer and seller. To avoid issues, clients intending to place large orders are advised to first purchase a smaller quantity of the product for testing. Typically, a larger order is placed following satisfactory evaluation of the initial sample.

9. Cancellation

Orders may be canceled by the buyer prior to shipment, provided that written notice of cancellation is received by the seller at least 24 hours before the scheduled shipment date. Orders for custom or special-order products may not be canceled once production has begun.

In the event of a cancellation, the seller reserves the right to charge the buyer for any work already completed or materials purchased for the order. The seller will make every effort to minimize these charges and provide a fair and reasonable cancellation fee.

If an order is canceled after shipment, the buyer will be responsible for all shipping costs and any applicable restocking fees. The return of the products will be subject to the terms and conditions set forth in the "Return Shipments" section above.

Custom orders cannot be cancelled once they have been placed and are non-refundable. Custom orders are defined as any orders that require product modifications or customizations, including but not limited to, special sizes, purities, materials, or treatments. Any changes to custom orders must be approved in writing by the seller and may result in additional fees and/or delays in delivery.

Orders for single products or custom items exceeding €10,000 cannot be canceled once they have been placed and are non-refundable, as these products are manufactured in large quantities specifically at the request of the client.

10. Patent Infringements

The sale of products by the seller does not convey any license or other rights under any patent, trademark, copyright, or other intellectual property rights. The buyer is solely responsible for ensuring that the use of the products does not infringe on any third-party intellectual property rights.

In the event that the use of the products results in a claim of patent infringement, the buyer agrees to indemnify, defend, and hold harmless the seller, its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of or relating to such claim.

11. Disputes

In the event of any dispute arising out of or relating to the sale of products by the seller, both parties shall first attempt to resolve the dispute through negotiations in good faith. If the parties are unable to resolve the dispute within 30 days, the dispute shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. The buyer agrees to submit to the exclusive jurisdiction of the courts located in France for the resolution of any such disputes.

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of the seller to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

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