To consult the conditions of current promotional offers: article 5.


Article 1. Preamble

Oyst makes its Oyst services available to the user, allowing the user to purchase products offered by Oyst partner merchant sites in 1-Click and to pay by credit card on Oyst partner merchant sites.

Oyst acts as a third party in the sale between the user and the merchant sites: its role is to optimize the user’s purchasing experience and manage the financial flows resulting from purchases. This service is free of charge for the user.


Article 2. Definitions

The terms defined below shall have the following meanings between the parties:

  • « user space »: user space in which he has access to his personal information, to the summary of his purchases and to the contact details of the merchants’ customer services;
  • « 1-Click button »: iframe implemented by Oyst to optimize the user’s purchasing experience
  • « spaces managed by Oyst »: URLs directly hosted by Oyst
  • « partner merchant site »: Oyst’s corporate partner offering its products and/or services for sale to users
  • « user »: the natural or legal person using the Oyst services as a buyer


Article 3. Object

The purpose of these General Terms and Conditions is to define the conditions under which the user uses the Oyst services.


Article 4. How Oyst works

The use of Oyst services allows the user to purchase and pay for goods or services online from Oyst’s partner merchant sites.

 

Payment service

Oyst uses the services of an authorised payment service provider, used by many e-commerce sites, which ensures data security and protection in accordance with regulations.

The payment service provider:

  • hosts and provides the payment service;
  • holds a licence as a payment institution and is authorised to operate in France.

Security 

When the user places a first order and pays for the payment by credit card on the payment service, the bank details are automatically encrypted on the user’s computer before being sent encrypted by Oyst to the payment service provider.

By using the Oyst services, the user accepts that his credit cards are registered by Oyst in an encrypted and secure manner, it being specified that Oyst does not have access to the users’ credit card data.

In order to guarantee data security, Oyst takes all necessary precautions, whether physical, logical, administrative or organisational, with regard to the nature of the data it processes and the risks presented by the various processing operations, to preserve the security of the data and to prevent them from being distorted, damaged or accessed by unauthorised third parties. These measures include automatic encryption of bank data.

Functioning 

During the user’s subsequent purchases, Oyst technology makes it possible to recognize the user and avoid having to re-enter his personal data (delivery address, e-mail address, telephone number, etc.) as well as his bank details.

In addition, using cookie technology, Oyst will also offer the user its services for the purchase of products and services on the websites of partner merchants. By clicking on Oyst’s 1-Click button the user will be able to purchase these products and services without having to re-enter their personal and bank details.

Oyst strives to offer the user the best availability of Oyst services.

Conditions of access

The use of Oyst services is only available to individuals over 18 years of age, and to legal entities that can legally form legally binding contracts.

Oyst services are not accessible to persons whose access to services has been suspended.

Acceptance of payment

The user, identified and authenticated, expresses his express consent to validate online the completion of the purchase:

  • by clicking
  • possibly by entering his phone number to secure the payment
  • and by choosing not to cancel his order

Proof of purchase

This acceptance constitutes proof of its consent to these purchases and proof that they are charged to the bank account associated with the bank card by the payment service provider.

Proof of purchase can be provided by any means, including computerized registrations by Oyst, the payment service provider or partner merchant sites.

Oyst can use these records as justification for charging them to the payment card registered on Oyst.

These recordings justify the consequences that result from them.  They shall be evidence of the identity of the user concerned, the dates and associated times, the commitment of the user, through the instructions given, the form and content relating to the operation concerned.

User space

When first using the Oyst service, the user receives an account creation confirmation email from Oyst containing a link to a URL allowing him to access his user space.

Within his space, the user has access to a summary of all the purchases he has made via the Oyst service with the contact details of the partner merchant sites with which he has contracted.

The user also has access to his or her contact details in order to modify and update them.

The user can also choose to delete his personal information or his space.

Obligation of means

Oyst is expressly subject to a best-efforts obligation under these terms and conditions when making the Oyst solution available to the user.


Article 5. Terms and conditions of current promotional offers

The WELCOME offer

The WELCOME offer is only valid on the first order placed with Oyst 1-Click. One-time offer valid only once per user. An Oyst user cannot claim the WELCOME promotional offer retroactively.

The offer is only valid on merchant sites that mention the offer on their site and only on products that mention the offer on their product sheet. The number of discounts is limited per merchant and follows the “first come, first served” principle within the limits of the offers available by the merchant.

The amount of the reduction may be expressed as a percentage or as an absolute value. The amount and type of discount are decided by Oyst for each merchant site offering the offer. The amount of the discount is deductible from the amount including VAT of the entire order (delivery costs included). The reference prices are the prices charged by the merchant site. The minimum order amount valid for the WELCOME offer depends on each merchant site. The minimum order amount must be mentioned by Oyst on the merchant sites offering the offer. If the discount is posted on the site but there is no minimum indicated, the discount applies without a minimum.

If the total amount of the discount exceeds the total amount of the order, the user will not be able to recover the difference in any form whatsoever

Oyst reserves the right to delete or modify or terminate the offer at any time for each merchant site offering the offer.


 Article 6. Rôle d’Oyst

Oyst: Oyst is a service provider that allows its partner merchants to sell their products and services to users with a single click.

Oyst is neither the buyer nor the seller of its partner merchants’ products Oyst provides a transaction optimizer, its partner merchants as sellers initiate and finalize transactions.

Oyst is in no way a reseller of the products of its partner merchants and does not come into possession of these products at any time. Nor does Oyst act as an agent or representative of its partner merchants.

There is only a validly formed sales contract between the user as buyer and the partner merchant as seller. The terms of this contract are described in the partner merchant’s general terms and conditions of sale, which are displayed and accepted by the user at the time of payment or have been previously accepted by the user.

In this respect, the user acknowledges and accepts that only the partner merchant’s general terms and conditions of sale are enforceable against him/her in the context of his/her relationship with the partner merchant. The use of the OYST Solution on the partner merchant’s website by the user constitutes acceptance by the user of the partner merchant’s general terms and conditions of sale, as applicable on the day of the transaction.

Therefore, sales made between a partner merchant site and the user are transactions between the user and the partner merchant site and under no circumstances with Oyst, which assumes no liability of any kind whatsoever in this context.

The merchant partner is responsible for any claim or problem related to the sales contract binding it to the user.

In addition to the contractual rights of its user and in order to make its user’s shopping experience more secure, Oyst offers an A to Z guarantee as a last resort to its user regarding purchases made by its user from its partner merchants via the 1-Click button managed by Oyst.

In the event of a complaint or any other problem related to a sales contract formed via the 1-Click button of Oyst, between the user and one of our partner merchants, the user must first contact the seller’s customer service. To this end, we provide our user with the customer service details of all our partner merchants with whom they have contracted via the Oyst 1-Click button via their user area.

As a last resort, Oyst provides the user with a customer service to process his request. He can be reached by phone from Monday to Friday from 9am to 7pm at +33 1 79 73 73 83 73 (call not surcharged), or by email at the following address: emma@oyst.com

Oyst will then endeavour to allow, if necessary, contact between the user and the customer service of the partner merchant site, as well as the processing of the user’s request by the partner merchant site. In the event of failure to perform the latter, Oyst will apply to the user the guarantees and conditions inherent in the general terms and conditions of sale accepted by the user at the time of purchase.

The same shall apply to any request for refunds, returns, exercise of the right of renunciation or any other right arising from a stipulation of the general terms and conditions of sale or a legal obligation arising from the sales contract between the user and a merchant partner.

This guarantee can only be used as a last resort, once the user has legitimately justified to Oyst that his attempts to settle his request directly with the seller have not been successful and that he has exhausted all legal remedies in his possession to do so.

 


Article 7. Responsibilities

Oyst’s Responsibilities

Oyst can only be held liable for direct damage relating to the provision of the Oyst service (excluding bank data which is encrypted and therefore by definition not accessible).

Oyst cannot be held liable for indirect damages such as financial losses and, in general, for any disturbance that may result from difficulties related to the operation of the payment service.

Oyst is not liable for the non-performance of its obligations when such non-performance results from the user’s failure to comply with the required technical conditions and/or the absence or insufficient provision necessary for the user’s payment to be made, or from an error made by the user, regardless of the nature of the payment.

The user is informed of the risks inherent in the use of the Internet network, particularly in terms of:

  • transmission, access and data confidentiality security
  • availability of access to the payment service and related options and/or functionalities
  • speed of execution of payments and/or updates
  • updating of information relating to banking information
  • response times to consult, query or transfer information data
  • Oyst is not responsible for a consequence of a security defect in the connection terminal used by the user.

Responsibility of the user.

The user acknowledges that he or she is the holder of the payment cards by which and from which transactions will be initiated. He certifies the accuracy of the numbers of the latter as well as those of the legal and administrative information concerning him, in particular the corresponding invoicing address, his surname and first name and his e-mail address.


Article 8. Oyst Personal Data

Personal data.

When using the Oyst services, the user is expressly informed that Oyst is required to collect and process personal data in order to allow the automatic identification of the user when using the Oyst service in the future.

Oyst keeps the user’s data for a fixed period of time according to criteria that cover the period necessary to achieve the purpose plus, where applicable, limitation periods and/or mandatory retention periods.

In particular, data concerning the user are collected or processed in whole or in part on the occasion of:

  • the first use of the Oyst service
  • the information of the delivery address during his purchases
  • fast identification for the purchase of products or services
  • the personalization of services and promotions

In addition, the data may be communicated to any authority legally entitled to know them, in particular in the event of a judicial requisition by the judicial, police or administrative authorities.

In accordance with the regulations relating to the protection of personal data, the user has the right to access, query, rectify, delete (right to forget) and limit the processing of data concerning him/her.  He may also define guidelines concerning the fate of his personal data after his death.

The user can exercise his rights by connecting to his user space via the URL https://1-click.oyst.com or by sending an email to emma@oyst.com.

In order to ensure confidentiality and protection of personal data, Oyst must ensure the identity of the user before responding to his request. Therefore, any request to exercise these rights must be accompanied by a copy of a signed identity document.

When the user exercises one of the rights listed above, Oyst undertakes to provide him with information on the measures taken following his request, as soon as possible and in any event within one month of his request.

The user undertakes in this respect to communicate only fair and lawful information.

He keeps Oyst informed of any changes in this information.

Cookies.

Oyst uses cookies on its Oyst payment service.

Oyst also uses cookies for other purposes, including:

  • identify the user on the partner sites this allows Oyst to display personalized content, recognize the user
  • provide content, including advertising, related to the user’s interests

The user is informed that by choosing to disable or delete cookies, he or she will no longer have access to the Oyst service.

 


Article 9.Duration

Duration.

By accepting these terms and conditions, the user agrees that they shall come into force on the day of acceptance by the user for an indefinite period.

Termination.

These terms and conditions may be terminated by email by either party with one week’s notice.

In the event of termination by the user, the email will be sent to emma@oyst.com. In case of termination by Oyst, the email will be sent on the email indicated on the Oyst space.

However, Oyst reserves the right to terminate or terminate the subscription without notice in the following cases:

  • failure by the user to comply with any of the provisions of these General Terms and Conditions
  • misuse or fraudulent use of the payment service
  • blocking access to cookies by the user
  • non-compliance with legal and regulatory provisions

The user can also terminate this contract via his user space by choosing the delete my space option.


Article 10. Intellectual property rights

These General Terms and Conditions do not imply any transfer of any kind of intellectual property rights over the elements belonging to Oyst for the benefit of the user.

 


Article 11.  Completeness – Amendments

These General Terms and Conditions express all the obligations of the parties. Any legal or regulatory modification having an effect on the execution of these General Terms and Conditions is necessary without it being necessary to formulate an amendment to them.

Oyst also reserves the right to make changes to these terms and conditions at any time. In the event of disagreement, the user may stop using the service free of charge but remains responsible for any previous use.

To continue using the Oyst service, the user must expressly consent to the proposed new General Terms and Conditions.

The user is subject to the General Terms and Conditions in effect at the time he or she uses the Oyst service.

 


Article 12. Force majeure

Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals.

The liability of each of the parties shall not be engaged and the Oyst service shall be suspended if its performance or the performance of any obligation incumbent on the parties under these General Terms and Conditions is prevented, limited or disrupted due to an event constituting a case of force majeure in accordance with the Civil Code.

If the cases of force majeure last more than two months, the contract will automatically be terminated automatically without the user being able to claim any compensation or compensation whatsoever.

 


Article 13. Applicable law 

These General Terms and Conditions of Use are governed by French law.

This is the case for both substantive and formal rules, notwithstanding the places of performance of substantive or ancillary obligations.

 


Article 14. Contact

Oyst France
81 Rue Réaumur
75002 PARIS

N° TVA intracommunautaire : FR15819611880

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