GENERAL CONDITIONS OF SALE
The present general conditions of sale aim to define the rights and obligations of OTH and the Customer concerning the products presented by OTH on its e-commerce site (hereinafter referred to as "the Site"). The Site is published by the company OTH, SAS with a capital of 10,000€, located at 36 rue Letort 75018 Paris, siret no. 832 006 332 00015, (hereinafter referred to as "OTH") and allows the sale of a line of products under the OTH brand (hereinafter referred to as "the Product(s)"). They apply exclusively between OTH and any consumer who is a natural person visiting or making a purchase via the said Site (hereinafter "the Customer").
Any order for a product placed on the Site therefore implies the Customer's unreserved acceptance of these conditions. OTH reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Site. The general conditions of sale applicable are those in force at the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. Only products appearing on the Site on the day of consultation by the Customer are offered for sale, accompanied by a description.
2.2. The Products offered by OTH comply with the standards applicable in France.
The elements such as photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, OTH cannot be held liable in the event of an error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.
3. CUSTOMER'S OBLIGATIONS
3.1. The Customer declares that he is at least 18 years old and has the legal capacity or parental authorisation to place an order on the Site.
3.2. The Customer must accurately communicate the information necessary for identification, including a valid e-mail address and a password (personal and confidential) that will be used later to identify himself on the Site. The provision of personal data collected in connection with distance selling is mandatory, in particular in connection with the processing and delivery of orders, as well as the issue of invoices.
The Customer is liable for the consequences arising from information transmitted that is false or inaccurate or whose recovery would be unlawful.
3.3. Once the order has been placed, OTH sends the Customer an e-mail confirming the complete elements of the said order.
3.4. The Customer can modify his data under the heading "my account".
4.1. Any order will be validated only after acceptance of payment.
4.2. OTH reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order, or of total or partial non-payment of a previous order.
4.3. Product and price offers are valid within the limits of available stocks, as long as they are visible on the Site. In case of unavailability of the product, OTH will inform the Customer by e-mail as soon as possible. The Customer can then cancel his order and be reimbursed, if necessary, the sums already paid.
The definitive or temporary unavailability can in no case engage the responsibility of OTH, any more than it can open any right to compensation or damages in favor of the Customer.
5.1. The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other taxes possibly applicable), excluding postage.
The shipping costs will be indicated in the Customer's basket, before the final validation of the order.
Prices may be modified at any time, without notice and in particular in the event of changes in tax or economic data. The articles will be invoiced on the basis of the tariffs in force at the time of the recording of the order.
5.2. The price due by the Customer is the amount indicated on the summary order form that the Customer has read before confirming his order.
6.1. OTH will deliver its Products to the address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes.
6.2. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
6.3. OTH shall not be held liable in the event of a subsequent change of address of the Customer without notification, or an error in the details communicated by the Customer.
6.4. In case of late delivery of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request reimbursement of his order.
If the item was shipped before receipt of the cancellation of the order for late delivery of more than 7 days, OTH will refund the item and shipping and return costs, upon receipt thereof, complete, in its original condition and with all labels. OTH undertakes to inform the Customer of the progress of the processing of his order.
OTH cannot be held responsible for the consequences due to a delay in delivery not being its fault.
6.5. Upon receipt of the order, the Customer must check the conformity of his order. Any anomaly (damaged package, missing or damaged products...), must be notified within 3 days after receipt of the product :
- By simple mail to the following address: OTH, 36 rue Letort, 75018 Paris
- By e-mail in the "Contact" section or at email@example.com
In the event of abnormal or abusive Product returns, OTH may refuse to serve a subsequent order.
6.6. OTH shall not be liable for the total or partial non-performance of its obligations under this contract in the event of force majeure. OTH must inform the Customer within fifteen (15) days from the occurrence of this event, by email.
Full payment must be made when ordering. At no time may the sums paid be considered as a deposit or advance payments. The Customer pays his order by credit card (Visa, Eurocard/Mastercard), or with his Paypal account.
The communication by the Customer of his credit card number constitutes authorization for OTH to debit his account for the amount of his order.
No cash on delivery will be accepted for any reason.
All the information that the Customer communicates during the payment by credit card are strictly protected.
8. EXCHANGES AND RETURNS OF PRODUCT(S)
Exercise of the right of withdrawal: the Customer has a period of fourteen (14) days to exercise his right of withdrawal and return without reason the Product(s) ordered. This period runs from the date of delivery of the Products to the address indicated when ordering.
To do so, the Customer will find the entire procedure in the "Delivery and returns" section.
If the Customer fails to comply with the conditions set out in the "Delivery and Returns" section, in particular the return or exchange conditions, OTH may not refund the Products concerned.
9. GUARANTEES AND LIABILITY
9.1. In accordance with Article L211-4 of the Consumer Code, the seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery.
Pursuant to Article L211-5 of the Consumer Code, to be in conformity with the contract, the good must be fit for the use usually expected of a similar good.
9.2. In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee in respect of hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
In case of legal guarantee of conformity:
- L’acheteur bénéficie d’un délai de deux (2) ans à compter de la délivrance du bien pour agir (Article L211-12 du Code de la Consommation).
- • The buyer has a period of two (2) years from the delivery of the goods to act (Article L211-12 of the Consumer Code). The buyer can choose between repair or replacement of the goods (Article L211-9 of the Consumer Code). However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
- The buyer is exempted from reporting proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good (Article L211-7 of the Consumer Code).
In case of implementation of the guarantee against hidden defects :
- The buyer has the choice to return the thing and get the price back, or to keep the thing and get part of the price back, as it will be arbitrated by experts (Article 1644 of the Civil Code).
- The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
In the event of a finding of non-conformity or a defect affecting one or more Products within the aforementioned time limits, the Customer may return the Products to the Consumer Service at the following address: OTH, 36 rue Letort, 75018 Paris.
If the aforementioned conditions are met, OTH will exchange the Product(s) with such lack of conformity or proven defects, the origin of which is indeed attributable to OTH, or will refund to the Buyer the amount of such Product(s), as well as the costs of returning the Products paid by the Customer, if applicable.
Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding plurality of defendants or appeal in warranty.
10. INTELLECTUAL PROPERTY
The Customer is bound to respect intellectual property rights and may in no way use the trademarks appearing on the Site and on the Products where applicable, or register a trademark that would be prejudicial to the owner of the rights, unless otherwise provided by contract.
The same shall apply to any other intellectual property right.
11. PERSONAL DATA
The Client acknowledges that OTH undertakes to use the Client's confidential information only within the framework of the operation of its Site, and that the personal data collected will be subject to the computer processing necessary for the proper processing of the order.
In this respect, information concerning the Customer may be communicated to OTH's technical service providers.
OTH may also apply technical means to obtain non-personal information relating to Internet users and intended to improve the site's functionalities, for example by tracking the number of visitors on certain pages.
CIn accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right of access and rectification of personal data concerning him appearing in the files of OTH. Any request should be sent by e-mail to: firstname.lastname@example.org
This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) which issued receipt no. 2151760 v0 on 12 February 2018.