GENERAL TERMS AND CONDITIONS OF SALE
Les présentes conditions générales de vente (ci-après les «Conditions Générales») s’appliquent à tout achat effectué par un internaute / personne physique (ci-après le « CLIENT») sur le site Internet www.oh-myshop.com (ci-après le « SITE ») auprès de la société OH MY SHOP, immatriculée au registre du commerce et des sociétés de Versailles
sous le numéro SIRET 81809890700012, ayant son siège social à Sartrouville (78),
Tel: 07 83 96 66 38,
Email: email@example.com (hereinafter the "seller").
Any order placed on the SITE implies the acceptance without reservation of the customer of these general conditions of sale.
Article 1. Definitions
The following terms are used in these general terms and conditions to mean:
- CLIENT : means the vendor's partner, which guarantees the quality of the consumer as defined by French law and jurisprudence. As such, it is expressly provided that this customer acts outside of any normal or commercial activity.
- DELIVERY : means the first presentation of the products ordered by the customer at the delivery address indicated during the order.
- PRODUCTS : Designates all the products available on the SITE.
- TERRITORY : Means Metropolitan FRANCE, the DOM/TOM, the European UNION and the rest of the world.
Article 2. Object
The present general Conditions govern the sale by the seller to his customers of the products.
The customer is clearly informed and acknowledges that the SITE is intended for consumers and that the professionals must contact the sales department of the seller in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general conditions
The customer agrees to read these Terms and conditions carefully and accept them, before proceeding to the payment of a product order placed on the SITE.
These general terms and conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before ordering. The customer is invited to read carefully, download, print the general Conditions and to keep a copy.
The seller advises the customer to read the terms and conditions with each new order, the latest version of the terms applicable to any new order of products.
By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the general Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to buy a product, the customer must be at least 18 years of age and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The customer will be asked to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the required fields that must be filled in order for the customer to be processed by the seller. The customer can check on the SITE the status of his order. The follow-up of deliveries may, if necessary, be carried out using the online tracking tools of some carriers. The customer can also contact the sales department of the seller at any time by e-mail, at the address firstname.lastname@example.org, in order to obtain information about the status of its order.
The information that the customer provides to the seller during an order must be complete, accurate and up-to-date. The Seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Commands
Article 5.1 Characteristic of products
The seller undertakes to present the essential characteristics of the products (on the information sheets available on the SITE) and the obligatory information which the customer must receive under the applicable law (in these Conditions General).
The customer agrees to read this information carefully before ordering on the SITE.
Unless expressly stated otherwise on the SITE, all products sold by the seller are new and conform to the applicable European legislation and to the standards in force in France.
Article 5.2. Order procedure
Product orders are directly placed on the SITE. To make an order, the customer must follow the steps described below (please note, however, that depending on the customer's start page, the steps may differ slightly).
5.2.1. Selection of products and options for purchase
The customer will have to select the product (s) of his choice by clicking on the product (s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer's basket. The latter can then add to his basket as many products as he wants.
Once the products are selected and placed in their basket, the customer must click on the basket and verify that the contents of his order are correct. If the customer has not yet done so, he will be asked to identify himself or to register.
Once the customer has validated the contents of the basket and has identified/registered, will be shown to his attention an online form completed automatically and summarizing the price, the applicable taxes and, if applicable, the delivery costs.
The customer is invited to check the contents of his order (including the quantity, characteristics and references of the ordered products, the billing address, the means of payment and the price) before validating the contents.
The customer can then proceed to the payment of the products by following the instructions on the SITE and provide all the information necessary for the billing and the delivery of the products. For products for which options are available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary for the correct processing of the order.
The customer must also select the chosen delivery mode.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the customer's order. A copy of the acknowledgement of the order is automatically sent to the customer by e-mail, provided that the email address communicated through the registration form is correct.
The seller does not send any order confirmation by post or fax.
During the order procedure, the customer must enter the information necessary for the invoice (the sign (*) will indicate the required fields to be filled in order for the customer's order to be processed by the seller).
In particular, the customer must clearly indicate all the information concerning the delivery, in particular the exact address of delivery, as well as any access code to the delivery address.
The customer will then have to specify the means of payment chosen.
Neither the purchase order that the customer establishes online, nor the acknowledgement of the order that the seller sends to the customer by e-mail is an invoice. Whatever the method of order or payment used, the customer will receive the original of the invoice at the delivery of the products, inside the parcel.
Article 5.3. Order Date
The date of the order is the date on which the seller acknowledges the order's receipt online. The deadlines indicated on the SITE start to run only from that date.
Article 5.4. Price
For all products, the customer will find on the SITE prices displayed in euros all taxes included, as well as the applicable shipping costs (depending on the weight of the parcel, excluding packing and gifts, the delivery address and the carrier or mode of Transport selected).
Prices include in particular the value added tax (VAT) at the rate in force on the order date. Any change to the applicable rate may affect the price of the products from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
The prices of the vendor's suppliers are likely to be changed. As a result, the prices shown on the SITE may change. They can also be changed in the case of special offers or sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date the order is passed by the customer.
Article 5.5. Availability of products
The unavailability of a product is in principle indicated on the page of the product concerned. Customers can also be informed of the replenishment of a product by the seller.
In any event, if the unavailability has not been indicated at the time of the order, the seller agrees to inform the customer without delay if the product is unavailable.
The seller may, at the request of the customer:
– either propose to ship all the products at the same time as soon as the products out of stock are again available,
– either to carry out a partial shipment of the products available at first, then to dispatch the remainder of the order when the other products are available, subject to clear information on the transport costs Additional information that may be
– Offer an alternative product of quality and equivalent prices, accepted by the customer.
If the customer decides to cancel his order for unavailable products, he will obtain the refund of all the sums paid for the unavailable products no later than thirty (30) days after the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the ' retraction policy ', a policy available in Schedule 1 Present and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Means of payment
The customer can pay his products online on the SITE according to the means offered by the seller.
The customer guarantees to the seller that he has all the necessary authorizations to use the chosen means of payment.
The seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is in this capacity specified that all the payment information provided on the site is forwarded to the Bank of the site and are not processed on the site.
7.2. Date of payment
In case of a single credit card payment, the customer's account will be debited as soon as the product order is placed on the SITE.
In the case of partial delivery, the total amount will be debited from the customer's account as soon as the first parcel is shipped. If the customer decides to cancel his order for unavailable products, the refund will be made in accordance with the last paragraph of article 5.5 of these general Conditions.
7.3. Delay or denial of payment
If the bank refuses to debit a card or other means of payment, the customer must contact the seller's customer Service in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transfer of the cash flow owed by the customer is prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the customer corresponding to an order of an amount greater than 120 euros TTC will be archived by the seller for a period of ten (10) years in accordance with article L. 134-2 of the consumer code.
The seller agrees to archive this information in order to keep track of the transactions and to produce a copy of the contract at the request of the customer.
In case of litigation, the seller will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The seller remains the owner of the products delivered until their full payment by the customer.
The above provisions shall not preclude the transfer to the customer, at the time of receipt by him or by a third party designated by him other than the carrier, of the risks of loss or damage to the products subject to the reservation of title, as well as of Risk of injury they may cause.
Article 10. Delivery
The terms of delivery of the products are provided for in the "delivery policy" referred to in Annex 2 Present and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. Packaging
The products will be packaged according to the current transport standards in order to guarantee maximum protection for the products during delivery. Customers undertake to comply with the same standards when returning products under the conditions set out in annex 1 – retraction policy.
Article 12. Compliance Guarantee
Article L. 211-4 of the consumer Code : The seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. »
Article L. 211-5 of the consumer Code : To comply with the contract, the property must:
1 ° be specific to the usual use expected of a similar property and, if applicable:
– correspond to the description given by the seller and possess the qualities which he presented to the purchaser in the form of a sample or model;
– present the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° or present the characteristics defined by common agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which he has accepted. »
The seller is required to deliver a product that is in conformity with the expected use of a similar property and corresponding to the description given on the SITE. This conformity also implies that the product presents the qualities that a purchaser can legitimately expect in respect of the public declarations made by the seller, including in advertisements and on labelling.
In this context, the seller is liable to respond to existing defects in conformity at the time of issuance and to defects in conformity resulting from the packaging, assembly instructions or installation when it has been loaded or has been Carried out under his responsibility. However, the seller may combat this presumption if it is not compatible with the nature of the product (novelty products are not guaranteed) or the lack of conformity invoked. (Article L. 211-7 of the consumer Code)
In the event of a defect in conformity, the customer may request the replacement or repair of the product, at his choice. However, if the cost of the customer's choice is clearly disproportionate to the other option, given the value of the product or the magnitude of the defect, the seller will be able to make a refund, without following the option chosen by the Client.
In the event that a replacement or repair is not possible, the seller agrees to return the price of the product within 30 days upon receipt of the returned product and in exchange for the return of the product by the customer to the following address:
OH MY SHOP Lot 245
70 Victor Hugo Avenue
It is specified that this legal guarantee of conformity applies irrespective of the commercial guarantee granted, if any, on the products.
Article 13. Responsibility
In no event shall the seller's liability be incurred in the event of a breach or improper performance of the contractual obligations attributable to the customer, particularly when the order is entered.
The seller may not be held liable, or considered to have failed herein, for any delay or breach, where the cause of the delay or failure is related to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the seller does not control websites that are directly or indirectly linked to the site. Consequently, it excludes any liability for information published therein. Links to third party websites are provided only as an indication and no warranty is provided as to their content.
Article 14. Policy
The seller collects on the SITE personal data concerning his customers, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by the seller are used in order to process the orders placed on the SITE, manage the customer's account, analyze the orders and, if the customer has chosen this option, send him commercial prospecting letters, newsletters, Promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from the seller.
The customer's data are kept confidential by the seller in accordance with his declaration made with the CNIL, for the purposes of the contract, its execution and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided below this every offer received by e-mail.
The data may be communicated, in whole or in part, to the service providers of the seller involved in the order process. For commercial purposes, the seller may transfer to his trading partners the names and contact details of his customers, provided that they have given their prior agreement when registering on the SITE.
The seller will specifically ask customers if they want their personal data to be disclosed. Customers will be able to change their mind at any time on the SITE or by contacting the seller.
The seller can also ask its customers if they wish to receive commercial solicitations from its partners.
In accordance with Law n ° 78-17 of January 6, 1978 relating to data processing and liberties, the CLIENT enjoys a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. It may exercise this right by sending an e-mail to the address: email@example.com, or by sending a mail to:
OH MY SHOP
77 Bis Avenue de Tobrouk
It is specified that the CLIENT must be able to justify his identity, either by scanning a piece of identification or by sending the seller a photocopy of his identity document.
Article 15. Claims
The seller makes available to the customer a "customer telephone Service" at the following number: 07 83 96 66 38 (no overtaxed number).
Any written complaint from the customer shall be transmitted to the following address:
OH MY SHOP
77 Bis Avenue de Tobrouk
Article 16. Intellectual Property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These items are the exclusive property of the seller. Anyone who publishes a website and wants to create a direct hyperlink to the site must request the seller's permission in writing.
This authorization of the seller will not be granted definitively. This link should be deleted at the seller's request. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly forbidden.
Article 17. Validity of the general Conditions
Any amendment of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these general conditions, shall not affect the validity of these general conditions. Such an amendment or decision does not in any way allow customers to disregard these general Conditions.
Any conditions not expressly addressed herein will be governed in accordance with the use of the trade sector to individuals, for companies with registered offices in France.
Article 18. Changes to the general Conditions
These general terms and conditions apply to all purchases made online on the site, as long as the site is available online.
The general terms and conditions are accurately dated and may be modified and updated by the seller at any time. The general Conditions applicable are those in effect at the time of the order.
Changes to the general Conditions will not apply to products Already bought.
Article 19. Jurisdiction and applicable law
The present general Conditions and the relations between the customer and the seller are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state judge, the negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict in relation to this contract, including its validity.
The party wishing to implement the negotiation process shall inform the other Party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If, at the end of a period of fifteen (15) days, the parties fail to agree, the dispute shall be submitted to the competent court referred to below.
During the whole process of negotiation and until its outcome, the parties prohibit themselves from exercising any legal action against each other and for the dispute which is the subject of the negotiation. By exception, the parties are allowed to seize the jurisdiction of the interlocutors or to request an order on request. A possible action before the jurisdiction of the interlocutory proceedings or the implementation of a procedure on request does not entail any renunciation of the amicable settlement clause on the part of the parties, except as expressly stated otherwise.
POLICY OF WITHDRAWAL
Principle of withdrawal
The customer shall, in principle, have the right to return or return the product to the seller or to a person designated by him without undue delay, and no later than fourteen (14) days after the communication of his decision to retract, unless the fifth NDEUR does not propose to recover the product itself.
The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.
In the case where the customer has ordered several products via a single order giving rise to several deliveries (or in the case of an order of a single product delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after The day the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last delivered product.
Notification of the right of withdrawal
In order to exercise its right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of a declaration without ambiguity to: firstname.lastname@example.org Yes:
OH MY SHOP
77 Bis Avenue de Tobrouk
It can also use the form below:
To the attention of [OH MY SHOP *] (* seller's details)
Seller's phone number *: 07 83 96 66 38
Seller's E-mail address *: email@example.com
I hereby notify you of my retraction of the contract for the sale of the product below:
Purchase Order No.:
– Ordered the [__________]/Received on [__________] [______].......
– Means of payment used:
– Name of the customer and where applicable the beneficiary of the order:
– Customer Address:
– Delivery address:
– Signature of CLIENT (except in case of transmission by e-mail):
In order for the withdrawal period to be respected, the customer must forward his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of retraction
In case of withdrawal from the customer, the seller undertakes to reimburse all the sums paid, including the delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day on which the seller is informed of V Olonté of the CLIENT to retract.
The seller will reimburse using the same means of payment as the customer has used for the original transaction, unless the customer expressly agrees to a different means, in any event, such reimbursement will not cause Cost to the customer.
The seller may defer reimbursement until receipt of the property or until the customer has provided proof of shipment of the property, whichever date is the first of those facts.
The customer shall, without undue delay and, in any event, not later than fourteen (14) days after communication of his decision to retract this contract, return the property accompanied by the order number to:
OH MY SHOP Lot 245
70 Victor Hugo Avenue
This period is deemed to be respected if the customer returns the property before the expiration of the fourteen-day period.
The customer will be responsible for the direct costs of returning the property.
State of the Returned property
The product must be returned according to the seller's instructions and include all the supplied accessories.
The liability of the CLIENT is only committed in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product. In other words, the customer has the possibility to test the product but its responsibility may be incurred if it carries out manipulations other than those that are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following assumptions:
- Supply of goods or services whose price depends on fluctuation in the financial market
- Supply of goods made according to customer's specifications or clearly personalized
- Supply of goods that may deteriorate or expire quickly
- Provision of audio or video recordings or sealed software that have been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering or leisure-related services if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are mixed in an inseparable way with other articles
- Supplies of sealed goods which cannot be returned for reasons of health or hygiene protection and which have been unsealed by the customer after delivery
- Supply of alcoholic beverages the price of which has been agreed upon when the contract of sale is concluded, the delivery of which may be made only after 30 days and the actual value of which depends on market fluctuation beyond the control of the seller
- Provision of non-materialized digital content if the execution began with the express prior agreement of the consumer, which also acknowledged that it would lose its right of withdrawal
- The contracts entered into at a public auction.
The products offered can only be delivered on the territory.
It is not possible to place an order for any delivery address located outside this territory.
The products are shipped to the delivery address (s) that the customer has indicated during the order process.
Les délais pour préparer une commande puis établir la facture, avant expédition des PRODUITS en stock sont mentionnés sur le SITE. Ces délais s’entendent en jours ouvrés, hors weekends ou jours fériés.
An e-mail message will be automatically sent to the customer at the time of shipment of the products, provided that the email address on the registration form is correct.
Le VENDEUR n’accepte aucune responsabilité pour les PRODUITS après qu’ils aient quitté leurs locaux.
Le CLIENT doit vérifier soigneusement toutes ses coordonnées avant de passer commande. Une fois la commande passée, le VENDEUR n’est pas en mesure de la modifier ou de l’annuler. Des informations incorrectes peuvent entraîner un retard de livraison de la commande ou des frais supplémentaires dont le VENDEUR ne pourra pas être tenu responsable.
Time and delivery costs
During the order process, the seller tells the customer about the possible shipping times and formulas for the products purchased.
The shipping costs are calculated according to the delivery method. The amount of these costs will be owed by the customer in addition to the price of the products purchased.
The details of the delivery times and costs are specified on the SITE.
France Métropolitaine / Livraison Offerte Bijoux / 2-5 jours ouvrés
France Métropolitaine / Envoi Suivi / 1-4 jours ouvrés
France Métropolitaine / Forfait Mondial Relay / 3-5 jours ouvrés
France Métropolitaine / Forfait Colissimo / 2-3 jours ouvrés
DOM-TOMs / Forfait selon poids / 7-10 jours ouvrés
Union Européenne & UK / Forfait selon poids / 4-5 jours ouvrés
Reste du Monde / Forfait selon poids / 5-10 jours ouvrés
Livraison à l’international
Chaque pays a des réglementations différentes concernant les droits et taxes à l’importation de marchandises commerciales. Dans certains cas, lorsqu’une commande dépasse une certaine valeur, le CLIENT peut recevoir une facture avec les frais y afférents.
Les éventuels droits de douane et taxes/charges supplémentaires sont à la charge du CLIENT. Ces frais s’ajoutent aux frais d’expédition et ne sont pas payables au VENDEUR ; ils ne peuvent donc pas être calculés avant ou au moment de la commande.
Le CLIENT est invité à contacter son bureau de dédouanement local pour toute question à ce sujet.
Terms of delivery
The parcel will be delivered to the customer without a signature in his or her mailbox (depending on the delivery method chosen) or, if applicable, against signature and on presentation of an identification document.
In case of absence, a notice of passage will be left to the customer, in order to allow him to fetch his parcel in his post office.
The customer is informed of the delivery date fixed when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing that, the customer must give the seller the right to deliver within a reasonable time and in case of non-delivery within that time, he may terminate the contract.
The seller will reimburse, without undue delay from the receipt of the termination letter, to the customer the total amount paid for the products, taxes and delivery charges included, by means of the same method of payment as that used by the customer to purchase the Products.
The seller is responsible until the product is shipped to the customer. The seller cannot be held liable in the event of any delay related to the carrier or damage to the parcel when it is routed. Any request for compensation related to the delivery will not be accepted. It is recalled that the customer has a period of three (3) days to notify the carrier of the damage or partial losses found during the delivery.