ARTICLE 1 – FIELD OF APPLICATION
The present Terms and Conditions of Sales apply, without restriction or reserve, to all sales concluded by ORMAIE (the "Seller", "we", "us", "our" or "our") with consumers and non-professional buyers (the "Customers" or the "Customer"), wishing to acquire the products offered for sale by the Seller (the "Products") on the Internet site [https://ormaie.paris] (the "Site").
In particular, they specify the terms and conditions of the order, payment, delivery and management of any returns of Products ordered by the Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Site.
The Customer is required to read them before placing an order.The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and shall not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability of stock, as specified when the order is placed.
The contact details of the Seller are the following :
ORMAIE SAS, Simplified joint stock company with a capital of 2.474 €, whose head office is located in 14 avenue de l’Opéra, 75001 Paris, registered with the Paris Trade and Companies Registry under the number 832 808 463.
The present Terms and Conditions of Sales apply to the exclusion of all other Conditions, and in particular, those applied to sales in stores or through other distribution and marketing channels.
These Terms and Conditions of Sale are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
As these Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site.
ARTICLE 2 – ORDERS
It is up to the Customer to select on the Site the Products he wishes to order, according to the following terms and conditions:
- Selection of the Product by clicking on "add to cart";
- Entering the information required to process the order: email or cell phone number and delivery address;
- Choice of shipping method;
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale shall not be considered final until the Customer has received confirmation of acceptance of the order by the Seller by e-mail.
For orders placed exclusively on the Internet, the registration of an order on the Site is carried out by the Customer's commitment to read these Terms and Conditions of Sale and thereby accept them. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article1127-2 of the Civil Code). This validation implies the acceptance of the entirety of these Terms of Sale and constitute proof of the contract of sale.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any error.
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of its order on the Site.
ARTICLE 3 – RATES
The Products are supplied at the prices in force as shown on the Site, at the time the order is recorded by the Seller. The prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer at the time of the Order.
ARTICLE 4 – DELIVERIES
The Products ordered by the Customer will be delivered in all the countries indicated on the Site. However, there are restrictions for certain international delivery destinations, so the Customer must read carefully the information provided by the Site before placing an order.
Delivery charges and delivery times vary according to the place of delivery and the delivery method chosen by the Customer when placing the order, and delivery may be subject to import duties and taxes that are applied when the order reaches its destination. These taxes and import duties must be paid by the Customer.
The Customer must comply with all laws and regulations in force in the countries to which the Products are destined. The Seller declines all responsibility in the event of non-compliance with the applicable legislation.
Delivery shall consist of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated for information purposes only. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L.216-2, L.216-3, L.241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Customer is required to check the condition of the Products delivered and must formulate, as soon as possible, any reservations or claims for nonconformity or apparent defect of the Products delivered (for example, damaged package already opened...), with all the related supporting documents (photos in particular). Failure to inform the Seller within a reasonable time and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L.217-4 et seq. of the French Consumer Code and those set forth in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 5 – LAW OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notifying the Seller of the Customer's decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, instructions, etc.) so that they can be put back on the market in new condition.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal may be exercised online, the Customer must send an email to the Seller's contact address [firstname.lastname@example.org], in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the willingness to withdraw.
If the Customer exercises the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased shall be refunded, as the delivery costs are free of charge and are not reimbursed; the Customer shall bear the cost of returning the Product(s).
The exchange (subject to availability) or refund will be made within fourteen days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
SELLER’S RESPONSIBILITY – WARANTY
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity,
- the Customer has a period of two years from the delivery of the goods to take action against the Seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions set forth in Article L 217-9 of the French Consumer Code;
- is exempt from having to provide proof of the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.
The Customer may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its 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 state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse and replace Products under warranty that are deemed to be non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed to be non-conforming or defective will be made as soon as possible.Refunds will be made by crediting the Customer's bank account.
The Seller shall not be held liable in the following cases :
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 7 – INTELECTUAL PROPERTY
The presentation and content of the Site and each of the elements that make it up are protected by French and international laws on intellectual property in force and are the property of the Seller or are subject to an authorization of use for its benefit.
Any total or partial reproduction and/or representation of the Site is strictly prohibited without the Vendor's express and prior authorization. In the absence of such authorization, any reproduction and/or representation of the Site or of one of its components, for any purpose whatsoever, is likely to constitute an infringement of copyright.
In addition, the Seller remains the owner of all intellectual property rights relating to the Products and to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to and as part of the provision of the Services to the Customer. The Customer is therefore prohibited from any reproduction, representation or exploitation of the Products, said studies, drawings, models and prototypes, etc., outside the framework of the Services in accordance with these General Terms and Conditions of Sale, without the express, written and prior authorization of the Seller, which may make it subject to a financial consideration.
PROTECTION OF PERSONAL DATA
During your browsing on the Site and the provision of the Services, the Vendor is required to collect and process personal data relating to the Customer in its capacity as data controller.
The Seller undertakes, in this respect, to comply with the requirements of the applicable law and, in particular, of the (EU) General Regulation on Data Protection n°2016/679 and of the French Data Protection Act n°78-17 as amended.
For any question relating to the processing of its personal data, the Customer is invited to contact the Seller by e-mail at the following address: email@example.com.
ARTICLE 9 – FORCE MAJEURE
The Seller may be required to suspend the execution of the contract if it is unable to perform its obligations due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Seller shall contact the Customer in advance to inform it of the suspension of the supply of the Product, unless the problem is urgent or there is an emergency, in which case the Customer shall be contacted as soon as possible. If delivery is to 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 - APPLICABLE LAW - LANGUAGE
The present Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 11 - DISPUTES
All the litigations to which the operations of purchase and sale concluded in application of the present Terms and Conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that it may in any event resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact that a natural person (or legal entity) places an order on the Site implies full and complete adherence and acceptance of these Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must :
- be fit for the use ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
- or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.