Termos de venda
Article 1: Vendor identification and scope of application
1.a - These general terms and conditions of sale exclusively govern the contractual relationship between SAS OGON DESIGNS (hereinafter referred to as "the Seller") and any person (hereinafter referred to as "the Customer") who places an order on the merchant site via the following Internet address: www.ogondesign.com. In fact, they concern exclusively the Customer holding the means of payment used to place an order on our website, and not a third party for whom the product is intended.
1.b - The site is published by the Vendor - Retailer of small aluminium leather goods, SAS with a capital of 47,000 euros, registered with the Evreux Trade and Companies Register under number 452 225 576, whose head office is located at 175 Rue Alberto Santos Dumont - 27930 Guichainville - France. E-mail: ogon@ogon.fr.
1.c - The present general terms and conditions apply to all items offered for sale on the site.
1.d - The present general terms and conditions may be updated or modified at any time and without prior notice. Customers are therefore advised to refer regularly to the latest version available on the site. The applicable conditions are, in all cases, those in force at the time the contract is concluded, i.e. on the day the order is registered.
1.e - Any order for one or more items presented on the site implies the Customer's consultation and unreserved acceptance of the present terms and conditions of sale, as well as of the applicable prices. The present terms and conditions prevail over any other document, as well as over the general terms and conditions of sale and the law applicable in the Customer's country.
1.f - Any failure by the Vendor to meet any of its obligations, as set out in the present terms and conditions of sale, may not under any circumstances be interpreted by the Customer as a waiver of the terms and conditions of sale.
Article 2 : Information on items
2.a - Items on the site are offered for sale while stocks last. The presence of an item on the site guarantees its availability in stock, unless otherwise indicated ("Out of stock" or "Pre-order"). We make every effort to monitor our stocks as closely as possible, but cannot be held responsible for any shortage in our own stocks.
2.b - All items on the site presented for sale are reserved for private individuals and also for resellers registered with our company who are in possession of a customer code.
2.c - The photographs illustrating the items are given for information purposes only and do not enter into the contractual field. Consequently, although represented on the site with the greatest precision, the photos may contain errors. In this case, the Vendor cannot be held responsible.
Article 3 : Ordering
3.a - Orders are placed on the site at the following address: www.ogondesign.com. Items offered for sale are subject to availability. If, despite the Vendor's vigilance with regard to stock, products prove to be unavailable, the Customer will be informed by e-mail after placing the order. An order is only validated when the Customer has paid in full. The Vendor reserves the right to refuse certain orders deemed invalid (quantities not in conformity with the sale to private individuals, invalid delivery address, incomplete information given, actual shipping price higher than the price invoiced to the customer, etc.)
3.b - The data recorded by the payment system will constitute proof of the financial transaction.
3.c - An e-mail will be sent to the customer to confirm that the order and related information have been taken into account.
3.d - The seller undertakes to dispatch your order within 24 to 48 hours (excluding weekends and public holidays, and peak trading periods).
Article 4 : Prices and choice of items
4.a - Prices shown on the site are in Euros and include all taxes (French VAT rate). Delivery charges are payable by the Customer and are indicated during the ordering process in addition to the price of the products ordered (delivery rates can be consulted in paragraph 6.h of these general terms and conditions of sale).
4.b - Any change in the legal rate of French VAT will be reflected in the price of the products presented on the site.
4.c - The Vendor reserves the right to modify the prices presented at any time, but undertakes to apply the prices in force at the time of the Customer's order.
4.d - The Customer, having familiarized himself with the products sold on the Vendor's site and their characteristics, acknowledges having previously determined his needs and validated his order accordingly.
4.e - For countries outside the EEC, duties and taxes may be charged by local customs. The seller is not aware of the amount in advance and cannot be held responsible for the sums charged, which are the sole responsibility of the customer.
Article 5 : Payment and security
5.a - The order is deemed to have been placed when the full price has been paid. The Customer is presumed to have the necessary authorizations to use the method of payment chosen when registering the order. All orders are payable in Euros. Payment for orders will be made by credit card (Carte Bleue, Mastercard, Visa).
5.b - Payment by credit card: Customers may pay for their purchases directly on the site. The amount of the order will not be debited until it has been validated.
Payment by credit card is secured by a latest-generation encryption system. Consequently, the Vendor has no access to the Customer's credit card number, which is transmitted in complete confidentiality via the secure systems of banking organizations. Only national bank cards will be accepted by the security system, as well as Visa, Eurocard and Mastercard. The purchase price must be paid in full in a single payment on the day the order is placed. Orders will be validated and processed, once payment has been accepted, by the banking centers concerned (for payments by Visa, Eurocard and Mastercard). In the event of a payment dispute with a Customer, the Vendor reserves the right to refuse the order. We draw the Customer's attention to the fact that the Vendor has subscribed to the "3DSecure" option via Cyberplus Paiement, the secure Internet payment solution of La Banque Populaire. 3DSecure, an agreement between various banking organizations, provides a higher level of security for banking transactions carried out over the Internet. This system requires the entry of an additional identification code, which can be provided at any time by the cardholder's bank.
Article 6 : Delivery
Outside the EEC: duties and taxes may apply and are payable by the end customer.
Free delivery charges:
- France: in So Colissimo point relais with no minimum order
- France: Colissimo from 80€
- Abroad: free delivery from 90€ (except Oman, Egypt, French Polynesia, and other exceptions) - carrier of our choice.
6.a -Transport arrangements : Orders can be delivered to Metropolitan France (including Corsica), as well as to most countries in the world served by Colissimo or DHL and listed in the "Country" field of the delivery address.
The Vendor uses two services of the French Post Office: Coliposte or So Colissimo (delivery to relay points) to bring the products to the place of delivery.
6.b -Products will only be delivered once the full amount of the order has been received. Products will be delivered to the address indicated by the Customer when placing the order. Consequently, the contact details provided by the Customer are considered to be accurate and, in the event of a dispute, will not incur the Vendor's liability.
6.c -Delivery tracking : An e-mail will be sent to the Customer to confirm that the carrier has taken charge of the order and, where applicable, to provide information enabling the Customer to track the progress of the parcel.
6.d - The availability and delivery time (expressed in working days) of each product are indicated on its description sheet. By convention and in order to reduce delivery costs for the Customer, if the order includes several products, the order will be processed as a whole, in particular if the availability of the products is different.
6.e -Delivery times : the "Colissimo Suivi" formula of the carrier "La Poste". As soon as the parcel is picked up, "La Poste" provides an average delivery time indicated in the summary table in paragraph 6i. The delivery time does not include the order preparation time indicated in paragraph 3.d.
Home delivery: the parcel will be presented by the letter carrier at the delivery address given when the order was confirmed. If the postman is absent, the parcel will be made available by "La Poste" at the post office closest to the delivery address, in accordance with the instructions given on the delivery slip deposited at the delivery address.
Delivery to a relay point: the parcel is delivered directly to the point of sale selected by the customer when placing the order. The customer will be informed of the availability of the parcel by email. The parcel will remain available for 10 days or 5 days in a Pick-up relay.
Delivery times are provided for information only and are indicated as accurately as possible in relation to the information communicated by the carrier. No refusal of delivery, no claim for reimbursement of delivery costs, and no action for damages of any kind may be brought by the Customer against the Vendor in the event of delivery times being exceeded.
6.f -Article L 121.20.3 of the French Consumer Code stipulates that products must be delivered within a maximum of thirty days from the day following that on which the buyer registered his order, subject to full payment of the price. As a result, if, one month after the order validation date, the products have not been delivered, for any reason other than force majeure, the sale may be terminated at the request of the Vendor or the Customer. In this case, the Vendor undertakes to reimburse the Customer for the sums received, to the exclusion of any other compensation.
6.g - Receipt of products: the Customer is required to check the contents of the package on receipt. Any complaint concerning the contents of the parcel must be made via the contact form within 48 hours of receipt, the date of dispatch being taken as proof. After this period, the Vendor will consider that the Customer has carried out this verification and no claim may be made against the Vendor.
6.h - Delayed delivery: the Vendor endeavours to communicate on its site the most accurate information possible concerning the availability of products, the delivery times associated with the products being subject to modification without notice and also depending on the suppliers' supply times. Availability information displayed on the site is given for information purposes only and does not represent a contractual commitment. Nevertheless, the Vendor undertakes to make every effort to satisfy the Customer.
In the event of late delivery by "La Poste" within eight working days of the dispatch date communicated by the Vendor, the Customer is advised to check that the parcel is not pending at the post office closest to the place of delivery. If this is not the case, we invite the Customer to send us an e-mail via the contact form, indicating his/her full contact details, the order number and the references of the products concerned, as well as a comment on the reason for his/her request. "La Poste" will then be contacted by us so that an investigation can be opened, which may take up to 21 days from the date of opening. If the parcel is found, it will be forwarded again by "La Poste" as soon as possible. If the parcel is not found at the end of this investigation period, it will be considered lost and the Vendor will send a replacement product to the Customer at no extra cost.
In the event of late delivery, the Customer must make a claim within 30 days of the order date. No claim will be taken into account after this period.
6.i -Delivery charges : the delivery charges applied by the Vendor depend exclusively on the place of delivery.
Colissimo: Delivery within 48 hours in France, Corsica and Monaco. D+2 to D+6 for other destinations
So Colissimo: Delivery in 48 to 72h in France only.
DHL : Delivery in 24 to 48h (valid for France only).
6.j -Additional shipping charges. In the event of product returns for the following reasons, the Vendor reserves the right to charge additional shipping costs for the return of your order:
- Returns for the reason NPAI ( Does not live at the address indicated).
Your merchandise will be shipped to the address indicated at the time of validation of your order. You are therefore responsible for any error in your delivery address. Once the parcel has been returned to our warehouse, we will contact you by email to request payment by credit card or Paypal for new shipping charges of the same amount as the initial shipment (or standard charges for the destination).
-Returns for NON CLAIMED reasons ( You were absent at the time of delivery and did not collect your parcel from your post office within the time limit set).
The parcel will therefore be returned to us. We will contact you by email to ask you to pay us, by credit card or Paypal, a new delivery charge of the same amount as the original delivery(or standard charges for the destination).
Your package will then be sent again to the address we agreed together.
Article 7 : Right of withdrawal
7.a - Pursuant to the provisions of articles L.121-20 et seq. of the French Consumer Code, the consumer has a period of fourteen clear days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods.
7.b - In order to exercise his right of withdrawal, and in order to provide optimum quality of service, it is essential that the Vendor be informed by e-mail via the contact form. This e-mail must be sent within 14 clear days of receipt of the products, the date on which the e-mail is sent being taken as proof. Products must be returned by "La Poste" in a tracked parcel, adequately packaged, in perfect condition, complete and in their original packaging to the following address:
ÖGON -DESIGNS-
ZAC du Long Buisson
175 Rue Alberto Santos Dumont
27930 Guichainville
FRANCE
When the right of withdrawal is exercised, we undertake to reimburse the consumer for all sums paid (excluding return costs), as soon as possible and at the latest within thirty days of the date on which this right was exercised and after receipt of the products which are the subject of the return.
However, in the event of the return of a damaged, incomplete or spoiled product, it will not be exchanged or reimbursed. In addition, the cost of return shipment will be borne by the Customer.
The Vendor draws the Customer's attention to the fact that the risks of return shipment are to be borne by the Customer, in particular in the event of deterioration of the package or misplacement by the carrier, or due to the Customer's failure to comply with the return instructions.
7.c - The right of withdrawal does not apply to personalized products (engraving option). These products cannot be exchanged or reimbursed.
Article 8: Product conformity and warranty
8.a - In the event of non-conformity of products, and in order to provide optimum quality of service, we ask customers wishing to return products to inform us by sending a prior, reasoned request exclusively by e-mail via the contact form. This e-mail must be sent within 7 clear days of receipt of the products, the date of sending being taken as proof. Provided that the necessary explanations and justifications have been supplied by the Customer to the Vendor. The products concerned must be sent to the Vendor, in a tracked parcel, at the Customer's expense, in new condition and in their original packaging, to the following address:
ÖGON -DESIGNS-
ZAC du Long Buisson
175 Rue Alberto Santos Dumont
27930 Guichainville
France
The Vendor draws the Customer's attention to the fact that the risks of return are to be borne by the Customer, in particular in the event of deterioration of the package or misplacement by the carrier or due to the Customer's failure to comply with the return instructions.
Article 9 : Product warranty
9.a - The Customer benefits from the legal provisions relating to the guarantee against hidden defects under article 1641 et seq. of the French Civil Code. Any incomplete or damaged product, or any product whose original packaging has been damaged, will not be accepted for return or exchange under the terms of the warranty. The same applies to defects and their consequences due to intervention by the Customer or to a third party initiated by the Customer, defects and their consequences due to use which does not conform to the use for which the product is intended, as well as normal wear and tear of the product. This product is designed to hold a maximum of 7 credit cards or 10 cards and papers (bills, tickets, business cards). If, after use, you notice that the cardholder has difficulty closing or that it yawns, it is over-filled. Should the customer force the product to close, or drop it, the risk of damage to the closure system is possible, but is not covered by the Vendor's warranty. This warranty does not apply to improper use of the product. Under normal use, the average life of the product is at least three years.
Article 10 : Retention of title and resolutory clause
10.a - The Vendor retains ownership of the goods sold until the Customer has fulfilled his obligations, in particular full payment of the agreed price. Once the transfer of ownership has taken place, the risks of loss, theft or deterioration of the products are borne by the Customer.
10.b - In the event of the Customer failing to fulfil any of its obligations, the sale will be terminated ipso jure and without summons. The articles must be returned to the Vendor within 48 hours, the cost of return being borne by the Customer.
Article 11 : Data confidentiality
11.a - The Customer's personal data is requested solely for the purposes of invoicing and product dispatch. The data supplied by the Customer will not be included in a listing or communicated to a third party.
Article 12 : Intellectual property rights
12.a - The Vendor's site and its content are protected by current legislation on intellectual property and copyright. Any partial or total reproduction of the site or any of its components is prohibited.
Article 13 : Force Majeure
13.a - The Vendor's obligations will be implicitly suspended in the event of partial or total non-performance of its obligations caused by a case of force majeure or fortuitous event.
According to the provisions of article 1148 of the French Civil Code, force majeure is defined as unpredictability and irresistibility. The following are expressly considered as cases of force majeure:
- Strikes, in particular: strikes by means of transport, communication or postal services; regulatory restrictions; terrorist attacks...
- Floods, fires, lightning strikes, natural disasters...
- Computer or server breakdowns
Article 14 : Limitation of liability
14.a - The products offered for sale by the Vendor come from different sources of supply in France or abroad, in accordance with the legislation in force in France. However, it is the Customer's responsibility to ensure that the products purchased from the Vendor are lawfully used, and the Vendor declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery.
14.b - The Vendor cannot be held responsible for the non-performance of the contract in the event of a product being out of stock or unavailable due to its own fault or that of its suppliers, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport chosen in connection with the order.
14.c - The Vendor cannot be held responsible for any direct or indirect damage that may occur following the purchase of a product on its site.
Article 15: Applicable law and jurisdiction clause
These general terms and conditions of sale are written in French and governed by French law.