TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person, an Internet user who has adhered to our general conditions by becoming a customer of On s'emballe à la française (here - after the “Customer”) on the website www.onsemballe.fr (hereinafter the “Site”) with Maison Ose, whose registered office is located at 3 B rue de la Marseillaise, 94300 Vincennes, registered in the Créteil trade and companies register under number 907 651 343 (hereinafter the “Seller”).
Any order placed on the Site necessarily implies the unreserved acceptance of these general conditions by the Customer.
Definitions
The terms used below have, in these General Conditions, the following meaning:
“Customer”: any natural person buyer on the site www.onsemballe.fr who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the Customer acts outside of any usual or commercial activity.
“Delivery”: refers to the first presentation of the Products ordered by the Customer to the delivery address indicated when ordering.
“Products”: designates all the products available on the Site.
Object
These General Conditions govern the sale of products by the Seller to its Customers.
The Customer is clearly informed and acknowledges that the Site is aimed at consumers and that professionals must contact the Seller's sales department in order to benefit from separate contractual conditions.
Acceptance of terms and conditions
The Customer undertakes to carefully read these General Conditions and to accept them, before proceeding to the payment of an order of Products placed on the Site.
These General Conditions are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the order. The Customer is invited to carefully read, download, print the General Conditions and keep a copy.
The Seller advises the Customer to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order of Products.
By clicking on the first button to place the order and then on the second to confirm the said order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Purchase of products on the Site
To be able to buy a Product, the Customer must be at least 18 years old and have the 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 allowing him to be identified by completing the form available on the Site. The sign (*) indicates the mandatory fields that must be completed for the Customer's order to be processed by the Seller. The Customer can check the status of his order on the Site. Delivery tracking may, where appropriate, be performed using the online tracking tools of certain carriers. The Customer may also contact the Seller's sales department at any time by e-mail, at the address ose@onsemballe.fr, in order to obtain information on the status of his order.
The information that the Customer provides to the Seller when placing 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.
In accordance with Article L. 111-1 of the Consumer Code, Maison OSE presents the Products for sale and their characteristics on the Site. The Customer has the possibility of knowing, before taking the final order, the essential characteristics of the Products he wishes to buy.
The offers in stock presented by Maison OSE are only valid within the limits of available stocks.
The photos representing the Products have only an indicative value. These photos, like the texts illustrating the Products, do not enter into the contractual field.
Orders
Product Features
The Seller undertakes to present the essential characteristics of the Products (on the information sheets available on the Site) and the mandatory information that the Customer must receive under applicable law.
The Customer agrees to read this information carefully before placing an order on the Site.
Unless expressly stated otherwise on the Site, all Products sold by the Seller are new. They comply with the European legislation in force and the standards applicable in France.
Order procedure
Product orders are placed directly on the Site. To place an order, the Customer must follow the steps described below.
Product Selection and Purchase Options
The Customer must select the Product(s) of his choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once the Product has been selected, the Product is placed in the Customer's basket. The latter can then add to his basket as many Products as he wishes.
Confirmation of the order
Once the Products have been selected and placed in their basket, the Customer must click on the basket and check that the content of their order is correct. If the Customer has not yet done so, he will then be asked to identify himself or register.
Once the Customer has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs. delivery.
The Customer is invited to check the content of his order (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its content.
The Customer can then pay for the Products by following the instructions on the Site and provide all the information necessary for invoicing and, where applicable, for the Delivery of the Products. Regarding the Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The Customer must also select the Delivery method or choose Collection.
Acknowledgment 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 acknowledgment of receipt of the order is automatically sent to the Customer by e-mail, provided that the e-mail address communicated via the registration form is correct.
Billing
During the ordering process, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the Customer's order to be processed by the Seller).
The Customer must in particular clearly indicate all the information relating to the Delivery, in particular the exact Delivery address, as well as any possible access code to the Delivery address.
The Customer must also specify the means of payment chosen.
Neither the order form that the Customer establishes online, nor the acknowledgment of receipt of the order that the Seller sends to the Customer by e-mail constitutes an invoice. Regardless of the order or payment method used, the Customer will receive the original invoice on Delivery or Collection of the Products, inside the package.
Date of the order
The date of the order is the date on which the Seller acknowledges receipt of the order online. The deadlines indicated on the Site only begin to run from this date.
Price
For all Products, the Customer will find on the Site prices displayed in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the Delivery address and the carrier or chosen mode of transport).
Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the Products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices of the Seller's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They can also be modified in the event 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 on which the order is placed by the Customer.
Product Availability
The Seller undertakes to deliver the Product on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a Product is in principle indicated on the page of the Product concerned. Customers may also be informed of the restocking of a Product by the Seller.
In any case, if the unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Seller may, and if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
Right to retract
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the Site via a hypertext link.
Payment
Means of payment
The Customer can pay for his Products online on the Site using the means offered by the Seller.
The Customer warrants to the Seller that he has all the authorizations required to use the chosen means of payment.
The Seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Site.
It is specified in this respect that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
Payment date
In the event of a single payment by credit card, the Customer's account will be debited as soon as the order for Products is placed on the Site.
In the event of partial delivery, the total amount will be debited from the Customer's account at the earliest when the first parcel is dispatched.
If the Customer decides to cancel his order for unavailable Products, the refund will be made in accordance with the provisions of the article “Availability of Products”.
Late or refused payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Customer Service of the Seller in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the order will be canceled and the sale automatically terminated.
Evidence and archiving
Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the Customer's request.
In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Transfer of ownership
The Seller remains the owner of the Products delivered until they have been fully paid for by the Customer.
The above provisions do not prevent 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. property, as well as the risk of damage that they may cause.
Delivery and Collection
The terms of Delivery and Collection of the Products are provided for in the "Delivery Policy" referred to in Appendix 2 hereof and in the "Withdrawal Policy" referred to in Appendix 3.
Packaging
The Products will be packaged in accordance with the transport standards in force, 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 Appendix 1 – Withdrawal Policy.
Warranties
Apart from the commercial guarantees that the Seller may offer for certain Products, all Customers benefit from "legal" guarantees, for all the Products, which are detailed below, in accordance with article L.111-1 of the Code of the consumption.
Compliance Guarantee
Article L. 217-4 of the Consumer Code: “ The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ".
Article L.217-5 of the Consumer Code: “ The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted ".
The Seller is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product (Article L.217-12 of the Consumer Code)
In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at its option. However, if the cost of the Customer's choice is clearly disproportionate to the other possible option, taking into account the value of the Product or the importance of the defect, the Seller may proceed with a refund, without following the option chosen. by the customer.
In the event that a replacement or repair is impossible, the Seller undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address Maison OSE 3 bis rue de la Marseillaise, 94300 Vincennes.
Finally, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the Products.
Warranty against hidden defects
The Seller is bound by the warranty for hidden defects in the Product sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would not have given it than a lesser price, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the Customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the Product if it is returned and reimbursement of part of its price, if the Product is not returned. (Article 1644 of the Civil Code)
The action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Responsibility
The responsibility of the Seller can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, in particular when entering his order.
The Seller cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.
force majeure
The Seller's liability cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the aforementioned events, the Seller will endeavor to inform the Customer as soon as possible.
Personal data
The Seller collects personal data about its Customers on the Site, in order to process orders placed on the Site, analyze orders, respond to their requests for information and, if the Customer has expressly chosen this option, send them newsletters, except if the Customer no longer wishes to receive such communications from the Seller.
The CUSTOMER is invited to consult the SELLER's Privacy Policy accessible at the following address: [Link to Privacy Policy to be completed] which will provide him with further information relating to the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.
Complaints
The Seller provides the Customer with a “Customer Mail Service” at the following address ose@onsemballe.fr. Any written complaint from the Customer must be sent to the following address: Maison Ose, 3 bis rue de la Marseillais, 94300 Vincennes.
Intellectual property
All the visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the Seller. Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Seller's authorization in writing.
This authorization from the Seller will in no case be granted definitively. This link must be removed 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 prohibited.
Any representation or reproduction, total or partial, of the Site and its content, by any means whatsoever, without the express prior authorization of the Seller, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these T&Cs implies recognition by the Customer of the Seller's intellectual property rights and a commitment to respect them.
Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes Customers to disregard these General Conditions.
All conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector for individuals, for companies whose head office is located in France.
Modification of the General Conditions
These General Conditions apply to all purchases made online on the Site, as long as the Site is available online.
The General Conditions are precisely dated and may be modified and updated by the Seller at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to Products already purchased.
Jurisdiction and applicable law
These General Conditions as well as 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 arbitration or state judge, the Customer is invited to contact the Seller's complaints department.
If no agreement is reached or if the Customer justifies having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement when any dispute arises relating to this contract, including its validity.
To initiate this mediation, the Customer may contact the Seller's mediator: Creteil RCS whose contact details are: Le Pascal building, Bat A, Créteil Soleil shopping center 94000 Créteil.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.
APPENDIX 1 - WITHDRAWAL POLICY
Principle of withdrawal
The Customer has in principle the right to withdraw by returning or returning the Product to the Seller, without giving any reason.
For this, the Product must be returned or returned no later than fourteen (14) days following the communication of its decision to withdraw, unless the Seller offers to recover the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
In the event that the Customer has ordered several Products via a single order giving rise to several deliveries (or in the case of an order for a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
In the event of delivery of the Product in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or the last piece.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the Customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by the post, fax or e-mail) to : Maison OSE, Customer Service, 3 bis rue de la Marseillaise, 94300 Vincennes or ose@onsemballe.fr
In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) from the date on which it is informed of the Customer's decision to withdraw. (Article L.221-24 of the Consumer Code)
Unless he offers to recover the Products himself, the Seller may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of the Products, the date retained being that of the first of these facts.
The Seller will make the refund using the same means of payment as the one the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not cause costs for the Customer.
Return terms
The Customer must in any case, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Maison OSE, Retour Produit, 3 bis rue de la Marseillaise, 94300 Vincennes .
This deadline is deemed to have been respected if the Customer returns the goods before the expiry of the period of fourteen (14) days.
The Customer must attach to his request for withdrawal a copy of the invoice or any other element allowing the Order in question to be identified, and its holder.
Only the Customer identified as such with Maison Ose can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).
Return fees
The Customer must bear the direct costs of returning the goods.
In the event that the weight of the Product prevents the Customer from returning this Product by post, the Customer must bear the direct costs of returning the goods.
Condition of the returned item
The Product must be returned according to the Seller's instructions and include in particular all the accessories delivered. Stickers, in particular, must be returned without having been used. If one is missing or one of the stickers has been replaced on its support, we will not be able to accept the return.
The Customer's liability is only engaged with regard to 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 of testing the Product but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
Attribution of jurisdiction and applicable law
Sales contracts are subject to French law. Any dispute relating to sales made with the Customer would, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the Commercial Court of Créteil.
APPENDIX 2: DELIVERY POLICY
Delivery zone
The Products offered can only be delivered within the Territory.
It is impossible to place an order for any delivery address located outside this Territory.
Territory : List of destinations (countries)
Metropolitan France
Belgium
Germany
Luxemburg
Netherlands
Austria
Ireland
Italy
Portugal
Spain
Swiss
UK
The Products are shipped to the delivery address(es) that the Customer has indicated during the ordering process.
delivery time
The deadlines for preparing an order and then establishing the invoice, before shipping the Products in stock are mentioned on the Site. These deadlines do not include weekends or public holidays.
An electronic message will be automatically sent to the Customer when the Products are dispatched, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the Seller informs the Customer of the possible shipping times and formulas for the Products purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be payable by the Customer in addition to the price of the Products purchased.
Details of delivery times and costs are indicated on the Site.
In the absence of any indication or agreement as to the delivery date, the Seller shall deliver the Product without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Delivery Terms
The order is delivered in letterbox or in person and against signature.
In the event of absence or impossibility of delivery of the package, for delivery against signature, the postman leaves a delivery notice mentioning the date and the address of the post office where the customer can collect his package on presentation of a ID.
Delivery Issues
The Customer is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
In the event of the Seller's failure to fulfill its obligation to Deliver the Product on the date or within the period indicated to the Customer or, failing that, no later than thirty (30) days after the conclusion of the contract, the Customer may terminate the contract, by letter registered mail with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the Seller to make the Delivery within a reasonable additional period, the latter has not performed within this time.
The contract is considered resolved upon receipt by the Seller of the letter or writing informing him of this resolution, unless the Seller has performed in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the Product or when he does not fulfill his obligation to Deliver the Product on the date or on the expiry of the period provided for in the first paragraph of Article L. 216 -1 and that this date or this period constitutes for the Customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract. (Article L.216-2 of the Consumer Code).
The Seller will reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated. (Article L.216-3 of the Consumer Code).
The Seller is responsible until the Delivery of the Product to the Customer. It is recalled that the Customer has a period of three (3) days to notify the carrier of any damage or partial loss observed during Delivery.
In the event of the return of a package not claimed by its recipient, the Seller undertakes to offer a second delivery in return for the Customer's contribution to the shipping costs.