These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing. They are accessible on the website www.ootd-one.com and will prevail, if necessary, on any other version or any other contradictory document. The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted online. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. These general conditions of sale are valid until 01 November 2020.
Article 1 - Principles
These general conditions of sale apply to all sales concluded on the site Internet www.ootd-one.com. The website www.ootd-one.com is a service of: • Private Wholesaler • located 204/206 Boulevard Felix Faure, Aubervilliers, France • Website URL: www.ootd-one.com • e-mail: [email protected] • telephone: 0621969060 The website www.ootd-one.com markets the following products: clothing, accessories, leather goods, shoes. The customer declares having read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore acceptance of the general conditions of sale.
Article 2 - Content
These terms and conditions are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer, from the website www.ootd-one.com. These conditions apply only to purchases made on the site www.ootd-one.com and delivered exclusively in France or in Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to address a message to the following e-mail address: [email protected] These purchases concern the following products: clothing, accessories, leather goods, shoes.
Article 3 - Precontractual information
Buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code. The following information is transmitted to the buyer in a clear and comprehensible manner: – the essential characteristics of the property; – the price of the good and / or the method of calculating the price – and, if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required. – in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price; – information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence of and the terms of implementation of the guarantees and other contractual conditions.
Article 4 - The order
The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or property ordered. For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment. The sale will be considered final: – after sending the buyer the confirmation of acceptance of the order by the seller by email; – and after receipt by the seller of the full price. Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below. In some cases, including non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved. For any question relating to the follow-up of an order, the buyer must call the following telephone number: 0621969060 (cost of a local call), on the following days and times: Monday to Saturday, from 9h to 19h, or send an email to the seller at the following email address: [email protected]
Article 5 - Electronic Signature
The online supply of the buyer’s credit card number and the final validation of the order will be proof of the agreement of the buyer: – payment of sums due under the purchase order, – signature and express acceptance of all the operations carried out. In case of fraudulent use of the credit card, the buyer is invited, upon the finding of this use, to contact the seller at the following phone number: 0621969060.
Article 6 - Order Confirmation
The seller provides the buyer with a copy of the contract, by email.
Article 7 - Proof of the transaction
The computerized records kept in the seller’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8 - Product Information
The products governed by these terms and conditions are those listed on the website of the seller and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller’s liability could not be incurred. The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the rate applicable VAT will be automatically passed on the price of the products of the on-line shop. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.
Article 10 - Method of payment
This is an order with payment obligation, which means that the placing of the order involves a settlement of the buyer. To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from officially accredited bodies or in case of non-payment. The seller specifically reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The payment of the price is made in principle in full on the day of the order, according to the following modalities: card of payment or paypal.
Article 11 - Availability of Products - Rembursement - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 5-7 working days from the day following the day the buyer placed his order, according to the following terms: Colissimo, Mondial Relay, Ups, Chronopost. At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis. In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time. Failing execution on the expiry of this new period, the buyer may freely break the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has since executed. The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above are for him an essential condition of the contract. In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated. In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the terms and the deadline specified above. The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and during the time indicated. If at the time of delivery, the original packaging is damaged, torn open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …). This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions. legal notice. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions …).
Article 13 - Delivery Errors
The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected. The claim can be made, at the choice of the buyer: – telephone number: 0621969060; – e-mail address: [email protected] Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer. Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number. In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address : 204-206 Felix Faure Boulevard, 93300, Aubervilliers, France. The cost of return are the responsibility of the seller.
Article 14 - Product Warranty
Legal guarantee of conformity and legal guarantee of hidden defects www.ootd.one.com is the guarantor of the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or warranty of defects of the thing sold within the meaning of articles 1641 and following of the civil code. In case of implementation of the legal guarantee of conformity, it is recalled that: – the buyer has a period of 2 years from delivery of the property to act; – the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code; – the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods, following the delivery of the good. In addition, it is recalled that: – the legal guarantee of conformity applies independently of the commercial guarantee indicated below; – the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty , with the exception of the cost of return which remains the responsibility of the buyer. Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their re-marketing as new, accompanied by the invoice. Damaged, soiled or incomplete products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on the website www.ootd-one.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract. In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s) and the delivery costs are refunded. The return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt, by the seller, of products returned by the buyer in the conditions set out above.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall lead to their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance. Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by these past, despite all reasonable efforts. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of intellectual property rights on this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 - IT and Freedoms
The nominative data provided by the buyer are necessary for the processing of his order and the preparation of invoices. They can be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the website www.ootd-one.com has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the conditions defined on the site www.ootd-one.com.
Article 19 - Partial non-validation
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 20 - Non-Waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
In case of difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 - Médiation
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than € 10,000 or the court of first instance for disputes over € 10,000.
This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution
Annexes-Code of Consumption
Article L. 217-4: “The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility. “
Article L. 217-5: “The property conforms to the contract: 1 ° If it is fit for the customary use of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a 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, particularly 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, made known to the seller and the latter has accepted. “
Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them”.
Article L. 217-7: “The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary. For the goods sold of used, this period is fixed at six months.The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. “
Article L. 217-8: “The buyer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect has its origin in the materials it has provided itself. “
Article L. 217-9: “In case of lack of conformity, the buyer chooses between repair and replacement of the property.However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate in the other way, given the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer. “
Article L. 217-10: “If the repair and replacement of the property are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same faculty is open to him: 1 ° If the solution requested, proposed or agreed pursuant to
Article L. 217-9 can not be implemented work within one month of the buyer’s claim; 2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor. “
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12: “The action resulting from lack of conformity is prescribed by two years from the delivery of the property.”
Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of contractual or extra-contractual nature which is recognized by the law. “
Article L. 217-14: “The recursory action may be exercised by the vendur final against the sellers or intermediaries and the producer of tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer for the refund of the purchase price, the replacement or the repair of the good or the service any other service related to the property, in addition to its legal obligations to ensure the conformity of the property. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor. In addition, he mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract. In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. “
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is after the request for intervention. ” Civil Code
Article 1641: “The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it or would have given a lower price if he had known them. “
Article 1648: “The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.