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The Discovery Sets

The Iconics

32° Extrait
32° Extrait

A musky tuberose,
bathed in sunlight

Sale price245,00 €

Terms and Conditions

ARTICLE 1 – FIELD OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales entered into by ORMAIE (the “Seller”, “we”, “us” or “our”) with consumers and non-professional purchasers (the “Customers” or the “Customer”) wishing to purchase the products offered for sale by the Seller (the “Products”) on the website [Ormaie.Paris] (the “Website”).

They specify, in particular, the terms and conditions governing orders, payment, delivery and the management of any returns of Products ordered by Customers.

The main characteristics of the Products, including their specifications, illustrations and indications regarding their dimensions or capacity, are presented on the Website.

The Customer is required to review this information before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the Website are not contractually binding and shall not incur the Seller’s liability.

The Customer is required to refer to the description of each Product in order to understand its essential properties and characteristics.

Product offers are subject to availability, as specified when the order is placed.

The Seller’s contact details are as follows:

ORMAIE SAS, a French simplified joint-stock company with share capital of €2,474, whose registered office is located at 14, avenue de l’Opéra, 75001 Paris, registered with the Paris Trade and Companies Register under number 832 808 463.

contact@ormaie.paris

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or sales made through other distribution and marketing channels.

These General Terms and Conditions of Sale are available on the Website at all times and shall prevail, where applicable, over any other version or conflicting document.

The Customer declares that they have read these General Terms and Conditions of Sale before initiating the online ordering process, as well as the Website’s general terms of use.

As these General Terms and Conditions of Sale may be amended at a later date, the version applicable to the Customer’s purchase is the version in force on the Website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute evidence of all transactions entered into with the Customer.

In accordance with the French Data Protection Act of 6 January 1978, as strengthened and supplemented by the GDPR (General Data Protection Regulation), which entered into force on 25 May 2018, the Customer has, at all times, the right to access, rectify, object to, erase and transfer all of their personal data. The procedures for exercising these rights are described in the Privacy Policy [Privacy Policy].

Validation of the order by the Customer constitutes unrestricted and unconditional acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges that they have the legal capacity required to enter into a contract and purchase the Products offered on the Website.

ARTICLE 2 – ORDERS

It is the Customer’s responsibility to select the Products they wish to order on the Website, in accordance with the following procedure:

  • Selecting the Product by clicking on “Add to cart”;
  • Entering the information required to process the order: email address or mobile phone number and delivery address;
  • Selecting the delivery method;
  • Entering the payment card details. All credit and debit card transactions on the Website are processed using a secure online payment gateway that encrypts the Customer’s card details, which we are unable to access.

Any personal information concerning you to which we may have access will only be used in accordance with our Privacy Policy.
The contractual information is presented in French and is confirmed no later than when the Customer validates the order.

Product offers remain valid for as long as they are displayed on the Website, subject to availability.

The sale shall only be considered final once the Seller has sent the Customer confirmation of acceptance of the order by email.

For orders placed exclusively online, an order is registered on the Website once the Customer has confirmed that they have read and accepted these General Terms and Conditions of Sale. The Customer has the opportunity to review the details of their order and its total price and to correct any errors before confirming their acceptance pursuant to Article 1127-2 of the French Civil Code. This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes evidence of the sales contract.

It is therefore the Customer’s responsibility to verify the accuracy of the order and immediately report any error.

Any order placed on the Website constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order placed by a Customer with whom there is an existing dispute concerning payment for a previous order.

The Customer may track the progress of their order on the Website.

ARTICLE 3 – PRICES

The Products are supplied at the prices in force displayed on the Website when the order is registered by the Seller. Prices are stated in euros, both excluding and including VAT.

The prices include any discounts that may be granted by the Seller on the Website.

These prices are fixed and non-revisable during their period of validity, as indicated on the Website. Outside this period of validity, the Seller reserves the right to change the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged separately under the conditions indicated on the Website and calculated before the order is placed.

The amount payable by the Customer corresponds to the total purchase price, including these costs.

An invoice is issued by the Seller and provided to the Customer when the order is placed.

ARTICLE 4 – DELIVERY

The Products ordered by the Customer will be delivered to all countries indicated on the Website. However, restrictions apply to certain international delivery destinations. The Customer must therefore carefully review the information provided on the Website before placing an order.

Delivery costs and delivery times vary depending on the delivery location and the delivery method selected by the Customer when placing the order. Delivery may also be subject to import duties and taxes imposed when the order reaches its destination. These import taxes and duties shall be payable by the Customer.

The Customer must comply with all applicable laws and regulations in the countries to which the Products are shipped. The Seller accepts no liability in the event of non-compliance with the applicable legislation.

Delivery occurs when physical possession or control of the Product is transferred to the Customer.

Except in special circumstances or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. If the Products ordered have not been delivered within 30 days after the estimated delivery date, for any reason other than force majeure or an act or omission of the Customer, the sale may be cancelled at the Customer’s written request, under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code.

The amounts paid by the Customer will then be refunded no later than fourteen days following the date on which the contract is terminated, without any compensation or deduction.

The Customer is required to inspect the condition of the Products upon delivery and must report, as soon as possible, any reservations or claims concerning non-compliance or apparent defects in the Products delivered, such as a damaged or previously opened parcel, together with all relevant supporting evidence, including photographs. If the Seller is not informed within a reasonable period and these procedures are not followed, the Products will be deemed compliant and free from any apparent defect, and no claim may validly be accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L.217-4 et seq. of the French Consumer Code and in these General Terms and Conditions of Sale, particularly the provisions relating to warranties.

ARTICLE 5 – RIGHT OF WITHDRAWAL

In accordance with the applicable legal provisions, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide any reason or pay any penalty, for the purpose of obtaining an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to the Seller of the Customer’s decision to withdraw.

Products must be returned in their original and complete condition, including packaging and instructions, allowing them to be resold as new.

Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online. The Customer must send an email to the Seller’s contact address [contact@ormaie.paris], in which case the Seller will immediately provide the Customer with an acknowledgement of receipt on a durable medium. The right of withdrawal may also be exercised by means of any other unambiguous statement expressing the Customer’s intention to withdraw.

If the right of withdrawal is exercised within the period specified above, only the price of the Product or Products purchased will be refunded. As delivery is free of charge, delivery costs will not be refunded. Return shipping costs remain payable by the Customer.

The exchange, subject to availability, or refund will be processed within fourteen days of the Seller’s receipt of the Products returned by the Customer under the conditions set out in this Article.

ARTICLE 6 – SELLER’S LIABILITY – WARRANTY

The Products sold on the Website comply with the regulations in force in France and have performance characteristics compatible with non-professional use.

The Products supplied by the Seller automatically benefit, without any additional payment and independently of the right of withdrawal, from the following statutory warranties, in accordance with the applicable legal provisions:

  • the statutory guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order;
  • the statutory guarantee against hidden defects resulting from a defect in materials, design or manufacture affecting the Products delivered and rendering them unfit for use;

under the conditions and in accordance with the procedures set out below and defined in the appendix to these General Terms and Conditions of Sale concerning the Guarantee of Conformity and the Guarantee against Hidden Defects.

It is recalled that, under the statutory guarantee of conformity:

  • the Customer has a period of two years from delivery of the Product to bring a claim against the Seller;
  • the Customer may choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
  • the Customer is not required to prove the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.

The statutory guarantee of conformity applies independently of any commercial warranty that may cover the Product.

The Customer may decide to invoke the guarantee against hidden defects affecting the Product in accordance with Article 1641 of the French Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

In order to exercise their rights, the Customer must inform the Seller in writing of the non-conformity of the Products or the existence of hidden defects and return the defective Products in the condition in which they were received, together with all components, including accessories, packaging and instructions.

The Seller shall refund or replace Products covered by the warranty that are deemed non-compliant or defective.

Shipping costs will be refunded on the basis of the amount charged, and return shipping costs will be refunded upon presentation of supporting documentation.

Refunds for Products deemed non-compliant or defective will be processed as soon as possible. The refund will be credited to the Customer’s bank account.

The Seller shall not be held liable in the following circumstances:

  • failure to comply with the legislation of the country in which the Products are delivered, which the Customer is responsible for verifying;
  • misuse, professional use, negligence or failure to maintain the Product on the part of the Customer, or in the event of normal wear and tear, accident or force majeure.

In all circumstances, the Seller’s warranty is limited to the replacement or refund of Products that are non-compliant or affected by a defect.

ARTICLE 7 – INTELLECTUAL PROPERTY

The presentation and content of the Website, and each of its constituent elements, are protected by the applicable French and international intellectual property laws and are owned by the Seller or used with the appropriate authorisation for the Seller’s benefit.

Any total or partial reproduction and/or representation of the Website is strictly prohibited without the Seller’s prior express authorisation. In the absence of such authorisation, any reproduction and/or representation of the Website or any of its constituent elements, for any purpose whatsoever, may constitute an act of infringement.

Furthermore, the Seller retains ownership of all intellectual property rights relating to the Products and to the photographs, presentations, studies, drawings, models, prototypes and other materials produced, including at the Customer’s request, for the purpose of and in connection with the provision of Services to the Customer. The Customer therefore undertakes not to reproduce, represent or exploit the Products or any such studies, drawings, models, prototypes or other materials outside the scope of the Services and in accordance with these General Terms and Conditions of Sale, without the Seller’s prior express written authorisation, which the Seller may make subject to financial compensation.

ARTICLE 8 – PROTECTION OF PERSONAL DATA

When you browse the Website and the Services are provided, the Seller may collect and process personal data relating to the Customer in its capacity as data controller.

The characteristics of this personal data processing and the Customer’s related rights are specified in the Privacy Policy available at the following address: [Privacy Policy].

In this regard, the Seller undertakes to comply with the requirements of the applicable law and, in particular, Regulation (EU) 2016/679, the General Data Protection Regulation, and the French Data Protection Act No. 78-17, as amended.

For any questions concerning the processing of their personal data, the Customer is invited to contact the Seller by email at the following address: contact@ormaie.paris.

ARTICLE 9 – FORCE MAJEURE

The Seller may be required to suspend performance of the contract if it is unable to fulfil its obligations due to an event of force majeure within the meaning of Article 1218 of the French Civil Code.

The Seller will contact the Customer in advance to inform them of the suspension of the supply of the Product, unless the matter is urgent, in which case the Customer will be contacted as soon as possible. If delivery must be suspended for more than 30 days beyond the estimated delivery date, the Customer may terminate the contract and will be refunded the amounts paid.

ARTICLE 10 – GOVERNING LAW – LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 11 – DISPUTES

Any disputes arising from purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences or effects, which cannot be resolved between the Seller and the Customer, shall be submitted to the competent courts under the rules of ordinary law.

The Customer is informed that, in all circumstances, they may use conventional mediation, in particular through the French Consumer Mediation Commission pursuant to Article L.612-1 of the French Consumer Code, or any other alternative dispute resolution method, such as conciliation, in the event of a dispute.

ARTICLE 12 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The placing of an order on the Website by a natural person or legal entity entails full and unconditional adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered. This is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document, which shall not be enforceable against the Seller.

APPENDIX – PROVISIONS RELATING TO STATUTORY WARRANTIES

Article L.217-4 of the French Consumer Code

The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the Seller was made responsible for installation under the contract or where installation was carried out under the Seller’s responsibility.

Article L.217-5 of the French Consumer Code

To conform to the contract, the goods must:

  • be suitable for the purpose normally expected of similar goods and, where applicable:
    • correspond to the description provided by the Seller and possess the qualities presented to the purchaser in the form of a sample or model;
    • possess the qualities that a purchaser may legitimately expect in view of public statements made by the Seller, the producer or their representative, particularly in advertising or labelling;
  • or possess the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the purchaser, which was brought to the Seller’s attention and accepted by the Seller.

Article L.217-12 of the French Consumer Code

Any claim arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L.217-16 of the French Consumer Code

Where, during the term of the commercial warranty granted to the purchaser when movable goods were purchased or repaired, the purchaser asks the Seller to carry out repairs covered by the warranty, any period during which the goods are out of use for at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the purchaser’s request for intervention or from the date on which the goods in question are made available for repair, where the latter date is later than the request for intervention.

Article 1641 of the French Civil Code

The Seller is bound by the guarantee against hidden defects in the item sold that render it unfit for its intended use, or that impair its use to such an extent that the purchaser would not have purchased it, or would have paid a lower price for it, had they been aware of the defects.

Article 1648, paragraph 1, of the French Civil Code

An action arising from redhibitory defects must be brought by the purchaser within two years of discovering the defect.