Terms And Conditions
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between PLUME LTD. (Company Registration No.: 0316613059), a company incorporated in Vietnam and having its registered office at STH 47A-14, duong 5C, KDT Le Hong Phong 2, Phuong Phuoc Hai, Thanh pho Nha Trang, Tinh Khanh Hoa (hereinafter referred to as “PLUME LTD”), and any person placing an order on PLUME LTD’ website www.odes-naturelles.com (the “Website”), (hereinafter referred to as the “Customer” or “you” and collectively with PLUME LTD, the “Parties”).
1.2. PLUME LTD reserves the right to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website or cease placing an order on the Website.
2.1. Submitting an Order
2.1.1. A Customer who wishes to purchase Products shall place an order through the Website (“Order”). All Orders are subject to acceptance by PLUME LTD and availability of Products.
2.1.2. Prior to submitting an Order, the Customer shall set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder.
2.1.3. Once an Order has been placed, you will receive an e-mail from PLUME LTD acknowledging the receipt of your Order (“Order Confirmation”).
2.1.4. Prior to PLUME LTD’s acceptance of an Order, verification of information may be required. PLUME LTD reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
2.1.5. PLUME LTD may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to PLUME LTD accepting your Order.
2.1.6. PLUME LTD may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
2.2. Price and Payment
2.2.1. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
2.2.2. Prices are displayed in Vietnamese Dong (VND). PLUME LTD makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
2.2.3. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
2.2.4. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of (i) credit or debit card issued by a credit or debit card company acceptable to PLUME LTD or (ii) Paypal or “Cash On Delivery” payment. PLUME LTD reserves the right to change the payment options at any time for any reason.
2.2.5. If you are a Customer whose credit or debit card is not denominated in Vietnam Dong (VND), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, PLUME LTD shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.2.6. The Website contains a large number of Products. It is always possible that despite PLUME LTD’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If PLUME LTD discovers an error in the price of any Product you have ordered, PLUME LTD will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. PLUME LTD will not dispatch your Order until your instructions have been obtained. If PLUME LTD is unable to contact you using the contact details you have provided, PLUME LTD will treat the Order as cancelled and notify you in writing. If the Order is cancelled, PLUME LTD will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, PLUME LTD does not have to provide the Product to you at the incorrect (lower) price.
2.3. Acceptance of Order
2.3.1. Your Order remains valid as an offer until your Order has been accepted. A contract shall be formed and PLUME LTD shall be legally bound to supply the Products to you when PLUME LTD confirms its acceptance to you by sending you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”).
2.4. Customs Regulations
2.4.1. The Customer is deemed to be the importer of the Products to the country of delivery and shall at all times be solely responsible for compliance with any and all applicable regulatory requirements in the country of delivery, which shall include but not be limited to (i) obtaining, at its own costs, such import licenses and other consents in relation to the import of the Products into the country of delivery, as are required from time to time, (ii) conducting all necessary testing and verification of the Products.
2.4.2. PLUME LTD will ship the Products DDU (Delivery Duty Unpaid) and will not collect any taxes, duties and/or fees and cannot predict what your particular charges may be. PLUME LTD will only charge you for the Products purchased and the delivery cost involved. If your Order does incur additional charges, they must be paid by you in order for the Products to clear customs.
2.4.3. Note: PLUME LTD shall under no circumstances be responsible to you if the products do not comply with any applicable laws, rules or regulatory requirements in the country of delivery.
3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where PLUME LTD can deliver Products.
3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on PLUME LTD.
3.3. PLUME LTD shall contact you if an estimated delivery date cannot be met but PLUME LTD and in this context, PLUME LTD will give you the option of continuing to purchase the Product or cancelling your Order. If the Order is cancelled, PLUME LTD will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
3.4. Unless otherwise agreed by PLUME LTD, PLUME LTD will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, PLUME LTD’s appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4. PLUME LTD'S PRODUCT
4.1. PLUME LTD has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. PLUME LTD reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. The packaging of the Products may vary from that shown on images on the Website.
5. RETURN POLICY
5.1. Products must be returned and received by PLUME LTD within thirty (30) days of the date of receipt.
5.2. The Customer will be responsible for the cost of returning the Products. The Customer will also be responsible for the Products until they reach PLUME LTD’s warehouse and Products will be inspected by PLUME LTD upon return. In the event that the Products are returned to PLUME LTD in an unsuitable condition, PLUME LTD may have to send the Products back to the Customer at the Customer’s cost and expense and/or refuse to provide a refund.
5.3. The Products are returned because PLUME LTD has delivered the wrong Product to you or a Product has been mis-described on the Website and provided that the Product is returned with reasonable care having been taken (no wear and tear or damage and is in the condition that permits PLUME LTD to resell it).
5.4. PLUME LTD will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to PLUME LTD.
5.5. Regardless of the reason for the return of Products, customs duties and sales taxes are non-refundable through PLUME LTD. However, you may be able to recover these by contacting your local customs authority directly.
5.6. The Customer needs to ask PLUME LTD a RMA (Return Merchandise Authorization) number before to ship the goods.
5.7. The Customer must package its item carefully and include the relevant return number(s) (RMA)
5.8. Where PLUME LTD delivers Products in excessive quantity, the Customer may reject or accept such excessive quantity of Products. If the Customer accepts the excessive quantity of Products, the Customer must pay for that quantity at the price in your Order.
6. ACCESS AND USE OF WEBSITE
6.1. You may not use the Website:
(a) in any way that breaches any applicable law, regulation or rule;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
(d) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2. Member Account and Password
6.2.1. If you choose to create an account on the Website, you must complete the registration process by providing PLUME LTD with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
6.2.2.You agree to notify PLUME LTD immediately if you know of or suspect any unauthorized use of your account or any other breach of security.
6.3.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) are owned by PLUME LTD, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
6.3.2. Content on the Website is for general information purposes only and is not binding on PLUME LTD in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
6.3.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will PLUME LTD be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
6.3.4. PLUME LTD makes no representations, warranties or guarantees whether express or implied that the Content on the Website is accurate, complete or up-to-date. PLUME LTD reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
6.3.5. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of PLUME LTD and PLUME LTD is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by PLUME LTD of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
6.4. Intellectual Property Rights
6.4.1. PLUME LTD and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to PLUME LTD or its associated companies’ trademarks, Products or business activities.
6.4.2. Except as expressly permitted by PLUME LTD, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, license, transfer or sell any Content.
6.5. User-Generated Content
6.5.1. PLUME LTD does not claim ownership of the content you provide to PLUME LTD (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”).
6.5.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and PLUME LTD will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you. You hereby agree and consent to the fullest extent permitted by Vietnamese law to waive your rights to protection of your personal information under the Civil Code of Vietnam and/or any applicable data protection legislation from time to time in force.
6.5.3. PLUME LTD has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and PLUME LTD will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
6.5.4. You agree that any User-Generated Content that you post, upload or submit to the Website:
(a) is accurate (where they state facts);
(b) is genuinely held (where they state opinions); and
(c) complies with applicable laws in the country from which they are posted.
6.5.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
(a) is not related to appropriate subject matters;
(b) is misleading to others;
(c) contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(d) infringes any third party intellectual property rights;
(e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
(f) promotes violence;
(g) promotes any illegal activity;
(h) is likely to deceive any person;
(i) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
(k) intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
6.5.6. You have the right to remove any User-Generated Content which you have posted, uploaded or submitted.
6.5.7. The User-Generated Content does not represent PLUME LTD’s views, opinions, advice, values or beliefs and PLUME LTD makes no claim of accuracy of any such User-Generated Content.
6.5.8. PLUME LTD will determine, in its own discretion, whether there has been a breach of this Clause 6 through your use of the Website and reserves the right to take any such action as PLUME LTD deems appropriate, including but not limited to the following actions:
(a) immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason;
(b) immediate, temporary or permanent withdrawal of your right to use the Website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e) further legal action against you.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1. PLUME LTD assumes no liability or responsibility for
(a) errors, mistakes or inaccuracies of the products, content, user-generated content, services or any other information or material set out or made available through the website,
(b) any unauthorized access to or use of secure servers (whether provided by PLUME LTD directly or by third parties appointed by PLUME LTD) and/or any and all personal information stored therein,
(c) any property damage of any nature whatsoever resulting from a customer’s access to and use of or reliance on any products, content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s),
(d) any interruption or cessation of transmission to or from the services provided on the website and or linked third party website(s),
(e) any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the website or any linked third party website(s) and/or
(f) any errors or omissions in the content, user-generated content, information or material set out or made available through the website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
7.2. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of PLUME LTD, PLUME LTD’s employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by you to PLUME LTD in respect of the product(s) in question.
8. FORCE MAJEURE
8.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event
8.2. PLUME LTD shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event, PROVIDED ALWAYS THAT:
8.2.1. as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
8.2.2. no obligations of PLUME LTD which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
8.3. Where the Force Majeure Event affects PLUME LTD’s delivery of Products to the Customer, PLUME LTD will arrange a new delivery date with the Customer after the Force Majeure Event is over.
For all Customer related enquiries, refer to the Contact Us.
10. GOVERNING LAW
These General Conditions shall be governed by and construed in accordance with the law of the Social Republic of Vietnam and the courts of the Vietnam shall have exclusive jurisdiction.