General terms and conditions of online sales
1. DEFINITIONS AND INTERPRETATION
1.1. For the purposes of these General Terms and Conditions, terms and expressions whose first letter begins with a capital letter have the following meanings:
Customer: Natural or legal person acquiring one or more Products through the Orban's Website
Consumer Client: Customer having the status of consumer or non-professional pursuant to the provisions of the Consumer Code
Order: Order of purchase by the Customer for one or more Products through the Site
General Conditions: These general terms and conditions of Orban's which apply to any Order placed on the Orban's Website
Special Conditions: The specific conditions of the order (price, duration, technical characteristics ...) appearing on the Site on the date of Validation of the Order
Contract: General Terms and Conditions and Special Conditions of Orban's. In case of contradiction, the Special Conditions take precedence over the General Conditions.
Date of the Order: As defined in Article 3.1.5
Product: Good or service offered to the Customer on the Site
Orban's: SASU MARKETING EVENTS COMMUNICATIONS, owner of the Orban's brand with its registered office at 50 AVENUE DE WAGRAM, 750 17 Paris, registered with the Paris Trade and Companies Register under number 530 757 509; telephone: 01 77 15 76 71; contact@Orbans.fr
Site: Infrastructure (including any modification or update) operated and developed by MARKETING EVENTS COMMUNICATIONS according to computer formats usable on the Internet including data of different kinds, including texts, sounds, still or moving images, videos, databases, intended to be consulted by the Customer to know its products and services. The Internet addresses are: [https://www. orbans.fr], and any other Internet address chosen by Orban's, as well as any other substitute sites determined by Orban's.
Validation of the Order Has the meaning given to it in article 3.1.3
1.2. References to articles are references to articles of these General Terms and Conditions, unless otherwise provided.
1.3. Any reference to the singular shall include the plural and vice versa.
1.4. Any reference to one genre includes the other gender.
2. SCOPE OF APPLICATION
2.1. These General Terms and Conditions aim to define the contractual relationship between Orban's and the Customer and the conditions applicable to any purchase made through the Site whether the Customer is a professional or a consumer.
2.2. The acquisition of a Product through the Site implies unreserved acceptance by the Customer of the General Conditions.
2.3. Only natural persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order. The Customer guarantees to have full legal capacity to enter into the Contract and conclude the Sale.
2.4 Orban's reserves the right to amend the Agreement at any time. The applicable General and Special Conditions will be those in force on the date of Validation of the Order by the Customer.
2.5. The purchase of Products through the Site is reserved for Customers opting for a delivery address in France, in the Dom-Tom, in Monaco and in the countries served by our carrier
2.6. Unless otherwise expressly accepted in writing by Orban's prior to the Order Date, the relationship between Orban's and the Customer is exclusively governed by the Contract which prevails over any other contractual document issued by the Customer.
2.7. The fact of not availing oneself at a given time of any clause of the General Conditions cannot be interpreted as a waiver of the obligation in question.
2.8. In accordance with the provisions of Article 1125 of the Civil Code, the General Terms and Conditions may be kept by any person visiting the Site, by means of a computer recording and may also be reproduced by the Customer, by printing.
3.1. Placing the Order
3.1.1. Any Order implies acceptance of the prices and descriptions of the Products displayed on the Site on the date of Validation of the Order.
3.1.2. The Customer is required to refer to the description of each Product appearing on the Site in order to know its properties, essential features and delivery times.
3.1.3. It is the Customer's responsibility to select on the Site the Products he wishes to order, according to the following modalities:
- If he is already a customer, enter his username and password that were sent to him during his first purchase.
- Otherwise, complete the identification form with all his Customer details (Surname, First Name, Address, Telephone number, E-mail).
- Choose the Product (model, quantity, size...),
- Complete the delivery information
- Accept the Terms and Conditions
- Choose your payment method
- Confirm your Order and pay ("Validation")
The Customer has the possibility to check the details of his Order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the Order and to rectify any errors immediately.
3.1.4. The Order will be definitively accepted by Orban's only after validation of the payment by its service provider for the validation of electronic payments. This acceptance may take a few minutes for a Customer who has already made purchases on the Site and has an account a few days away. Orban's and/or its service provider reserve the right to request proof of identity from the Customer to combat fraud.
3.1.5. Orban's will communicate by e-mail confirmation of the Order. The Order will be considered final and the Contract validly formed from the receipt of the confirmation of the Order by Seventh Width ("Order Date").
3.1.6. All the data provided and the recorded confirmation will be proof of the transaction.
3.2. Order Refusal
3.2.1. Orban's reserves the right to refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous order.
3.2.2. Orban's will refund the refused Order.
3.2.3. An Order refused by Orban's will not give rise to any compensation to the Customer other than reimbursement of the price paid.
3.4. The availability of the Product is indicated on the Site at the time of the Order. Orban's undertakes to honor Orders only within the limits of available stocks.
3.5. In the event of unavailability of the Product after the Order Date, Orban's undertakes to inform the Customer by email as soon as possible. The Customer may choose to keep his Order which will then be processed as soon as the Product becomes available again or to cancel his Order and to be reimbursed the corresponding sums according to the terms defined in Article 4.7.
3.6. Reminder of the provisions of the Consumer Code
3.6.1. In accordance with Article L111-1 of the Consumer Code:
'Before the consumer is bound by a contract for the sale of goods or the provision of services, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information:
1 ° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;
2 ° The price of the good or service, pursuant to Articles L. 112-1 to L. 112-4;
3 ° In the absence of immediate performance of the contract, the date or period at which the professional undertakes to deliver the goods or perform the service;
4° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context;
5 ° Where applicable, information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of any restriction on the installation of software, the existence and methods of implementation of the guarantees and other contractual conditions;
6 ° The possibility of recourse to a mediator of consumption under the conditions provided for in Title I of Book VI. The list and precise content of this information shall be fixed by decree in the Council of State."
3.6.2. In accordance with Article L221-5 of the Consumer Code relating to contracts concluded off-premises or at a distance:
'Prior to the conclusion of a contract for the sale or provision of services, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information:
1 ° The information provided for in Articles L. 111-1 and L. 111-2;
2 ° When the right of withdrawal exists, the conditions, the period and the modalities of exercise of this right as well as the standard form of withdrawal, whose conditions of presentation and the mentions it contains are fixed by decree in the Council of State;
3 ° Where applicable, the fact that the consumer bears the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when the latter, due to its nature, cannot normally be returned by post;
4 ° Information on the obligation of the consumer to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network which he has expressly requested to be executed before the end of the withdrawal period; these costs are calculated in accordance with the procedures laid down in Article L. 221-25;
5 ° When the right of withdrawal cannot be exercised pursuant to Article L. 221-28, the information according to which the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6 ° Information relating to the contact details of the professional, where applicable to the costs of using the means of distance communication, the existence of codes of good conduct, where applicable to sureties and guarantees, the terms of termination, the methods of dispute resolution and other contractual conditions, the list and content of which are fixed by decree in the Council of State. »
4. PRICE AND PAYMENT CONDITIONS
4.1.1. The Products offered by Orban's are supplied at the rates in force on the day of the date of Validation of the Order by the Customer.
4.1.2. The prices displayed on the Site are indicated in euros, all taxes included (TTC).
4.1.3. Shipping costs are excluded from the displayed rates, they are calculated and communicated to the Customer prior to the validation of the Order by the Customer.
4.1.4. Orban's reserves the right to modify its prices at any time and without notice, it being understood that the applicable price is that appearing on the Site on the day of Validation of the Order.
4.2. Terms of payment
4.3. Unless expressly agreed in writing in advance by Orban's, the price is payable in cash, in full on the day of the Validation of the Order by the Customer, using the following means of payment: credit card (Carte Bleue, Visa, MasterCard), via the PayPal payment platform.
4.4. Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
4.5. Payments made by the Customer will only be considered final after effective receipt of all sums by Orban's.
4.6.1. An invoice is drawn up in duplicate and one copy is given to the Customer after payment of the Order.
Refunds authorized under the conditions defined by the General Conditions are made at Orban's choice either by crediting the bank account or via the PayPal account debited.
5.1. Prior information
5.1.1. The Customer undertakes to communicate all information relating to the delivery conditions (place, recipient, ...) when placing the Order. Orban's will not be held responsible for any impossibility to deliver the Product when this impossibility is caused by an error of the Customer, in particular in the wording of the recipient's contact details.
5.1.2. For Consumer Customers, delivery consists of the transfer to the Customer of physical possession or control of the Product.
5.1.3. For Customers acting for professional purposes, the Products, even sent carriage paid, travel at the expense, risk and peril of the Customer to whom it is up to him, in case of damage, loss or missing, to make any reservations or to exercise any recourse with the responsible carriers. The transfer of risk takes place at the latest when the Product is handed over to the first carrier or if the Product is collected by the Customer in Orban's stores when the notice of availability is issued to him.
5.1.4. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
5.1.5. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by Orban's, the related costs will be subject to additional specific invoicing, on estimate previously accepted in writing by the Customer.
5.2. Delivery time
5.2.1. Deliveries are provided by Colissimo, to the address mentioned by the Customer when ordering.
5.2.2. Delivery times are expressed in working days, which are understood from Monday to Saturday – excluding public holidays. The delivery time is that indicated when the Customer chooses the delivery method or, if no date is indicated, for deliveries on French territory, within a maximum period of 30 days from the Date of the Order.
5.2.3. Orban's undertakes to make its best efforts to provide the Products ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
5.2.5. If the services ordered have not been provided within the deadlines mentioned when placing the Order, for any reason other than force majeure or the fact of the Customer, the contract may be terminated at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code if, after having ordered Orban's by registered letter with acknowledgment of receipt or in writing on another durable medium to make the delivery or provide the service within a reasonable additional time, Orban's has not complied within this period. The sums paid by the Customer will then be refunded to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
5.2.6. When the Customer has taken care of using a carrier of his own choosing, delivery shall be deemed to have been made upon delivery of the Products ordered by Orban's to the carrier. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against Orban's in the event of failure to deliver the transported goods.
5.3. International delivery
5.4. The delivery times indicated when placing the Order may vary from several days to several weeks, depending on the customs clearances, of which the Customer declares to be fully informed and expressly acknowledges.
5.5. Any costs and fees related to taxes and customs of international transport are the responsibility of the Customer.
5.6. Receipt of the Product
5.6.1. The Customer must take receipt of the delivered Product and verify its conformity. Each delivery with external damage must only be accepted by the Customer if the carrier has ascertained the damage.
5.6.2. Apparent damage (missing, deterioration or other) found on the Products delivered must be the subject of written and precise reservations on the delivery note or failing that sent by the Customer to the carrier by registered mail AR with copy to Orban's and this, within three (3) days, not including public holidays, following receipt of the said Products. The complaint must be motivated and accompanied by proof of the damage suffered (waybill, purchase invoice, photographs justifying the defect or defect).
5.6.3. Without prejudice to the measures to be taken vis-à-vis the carrier, any claim relating to apparent damage (quantity, nature, colour, etc.) found on the Products delivered, must be sent to Orban's in writing to the following address: contact@Orbans.fr within sixty (60) calendar days, from receipt of the Products. The absence of a complaint addressed to Orban's within the aforementioned deadlines constitutes a waiver of action on the basis of the guarantee of conformity.
5.6.4. Receipt of the Product transfers risk.
6. CLICK AND COLLECT
6.1. Orban's offers a click and collect service.
6.2. The Products ordered can only be collected in the "Pick-up Store" chosen when placing the Order.
6.3. Orders are delivered to the store chosen by the Customer, from Tuesday to Saturday, during the opening hours of the store. The Customer is informed by e-mail of the availability of the Product in store.
6.5. The Order will be given to the Customer upon presentation of his identity document and the order summary email received by the Customer.
7.1. The Products ordered on the Site comply with the regulations in force in France.
7.2. The Products supplied by Orban's benefit automatically and without additional payment in accordance with the legal provisions: - For Consumer Customers the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the Order, - the legal guarantee against hidden defects resulting from a material defect, design or manufacture affecting the delivered products and making them unfit for use.
7.3. In accordance with Article L217-5 of the Consumer Code: "The good is in conformity with the contract: 1 ° If it is fit for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labelling; 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. »
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the property to take action against the Seller;
- may choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
7.4. In order to assert his rights, the Customer must inform Orban's of the non-conformity or hidden defect of the Products by e-mail to the following address: contact@Orbans.fr, within a maximum period of sixty (60) calendar days from receipt of the Product or the discovery of hidden defects and at Orban's request return or return to Orban's headquarters defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions ...).
7.5. Orban's will refund, replace or have repaired Products under warranty found to be non-conforming or defective.
7.6. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
7.7. Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 (thirty) days following Orban's finding of the lack of conformity or hidden defect.
7.8. Orban's cannot be held liable in the following cases: - non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check, - misuse, use for professional purposes, negligence conservation in abnormal conditions or lack of maintenance on the part of the Customer, - normal wear and tear of the Product, - repeated absences of the Customer at delivery times, - due to the technical constraints to which Seventh Width is subject or occurrence of one of the events listed in Article 8.
7.9. Orban's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
8. TECHNICAL CONSTRAINTS AND FORCE MAJEURE
8.1. Orban's selects only high quality products and materials. The Customer is informed that the Products sold by Orban's often have characteristics specific to the natural materials used in their manufacture. These characteristics may vary in colour or texture. These variations can in no way be considered as defects or damages.
8.2. Any event meeting the definition of a case of force majeure within the meaning of case law and legal provisions as well as any event not attributable to Orban's, such as fire, flood, strike or war, epidemic, containment measure ordered by an administrative authority, a supply disruption that would prevent or make exorbitant the performance of the Contract, constitute, by express agreement, a cause for suspension or extinction of Orban's obligations. The event in question being beyond the control of Orban's, the Customer will not be compensated in this respect. Orban's will inform the Customer by any means of the occurrence of the event by offering him the possibility of cancelling his Order and being refunded.
8.3. Orban's, in the online sales process, is only bound by an obligation of means. The Customer is informed that: - for technical reasons, the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site. In the event of a manifest error between the characteristics of the Products as described on the Site and their representation, the written description of the Product shall prevail. - Access to the Site may be interrupted in particular for reasons of maintenance and updating or for any other reason, in particular technical, without this being able to engage the responsibility of Orban's.
8.4. Orban's cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
8.5. Orban's does not control the sites to which the Customer may be redirected, hypertext links being provided for information purposes. Orban's cannot be held responsible for any loss or nuisance resulting from the use of these links.
9. WITHDRAWAL / EXCHANGE
9.1. Right of withdrawal applicable to Consumer Customers
9.2 Orban's is committed to the satisfaction of its customers and intends to ensure that they can exercise their right of withdrawal in the best conditions.
9.3. For any distance sale, the Customer has a legal period of fourteen clear days, from the date of receipt of the goods, to exercise his right of withdrawal without having to justify himself or pay penalties, with the exception of return costs in cases where they would be charged to him in accordance with Article 9.9. The Customer may only be held liable for the depreciation of the value of the Product resulting from manipulations other than those necessary to ensure the nature and characteristics thereof.
9.4. During the withdrawal period, the Customer undertakes to handle the Product with the utmost care. The Customer shall only use the Product to the extent necessary to determine the nature, properties and suitability of the Product. The Customer is informed that the right of withdrawal cannot be exercised in the event that the Products cannot be remarketed due to their degree of wear.
9.5. On a commercial basis, Orban's authorizes any Consumer Customer to return Products that do not bear signs of wear within sixty (60) days from the date of delivery by the carrier or the delivery of the Product buy in click and collect to be refunded or exchanged the Product. If it is a single order for several Products delivered separately, the period expires sixty (60) days after the day on which the Consumer Customer has taken physical possession of the last Product delivered.
9.6. Products purchased as part of the promotion period are exchangeable only within the limits of available stocks at the time the Customer expresses his wishes. In the event that the product requested in exchange and promotion is no longer in stock, the Customer will be refunded within the legal deadlines.
9.7. The Product must: - Be returned new and in its original packaging. Any missing or damaged shoebox will be charged 10€ per deduction on the refund. Orban's will inspect all Products and reserves the right to refuse a return in the event of non-compliance. The Product will then be returned to the Customer at his expense - Have been the subject of a return request by e-mail to the following address: firstname.lastname@example.org. The Customer must insert the return slip in the return package.
9.8. For Products delivered in metropolitan France, the first exchange will be borne by Orban's.
9.9. For deliveries abroad and overseas departments and regions and overseas collectivities, the return costs remain the responsibility of the Customer.
10. INTELLECTUAL PROPERTY
All elements of the Orban's website are and remain the exclusive intellectual property of Orban's. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site whether they are software, visual or sound.
11. PERSONAL DATA
11.1. The Customer is informed that the personal data requested from him are necessary for Orban's to process his request and execute the Orders.
11.2. Orban's undertakes to guarantee the security and confidentiality of the Data communicated by the Customer and to process them in accordance with the applicable regulations on the protection of personal data.
12. ARCHIVING – PROOF
12.1. The archiving of purchase orders and invoices is carried out on a reliable and durable medium in accordance with Article 1379 of the Civil Code.
12.2. Orban's computerized records considered by the parties as proof of communications, orders, payments and transactions between the parties.
13. CLAIMS AND DISPUTES
Concerned about the satisfaction of its Customers, Orban's remains attentive to its suggestions, observations and complaints, which the Customer is invited to send to Septième Largeur at the following address: email@example.com
13.2.1. In the event of failure of the complaint request made to Orban's or in the event of a lack of response in this service within 15 (fifteen) days, the Customer may use the service of a consumer mediator free of charge.
13.2.2. The Client who wishes to resort to mediation is invited to contact the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) at your choice: - by mail to the following address: 14 rue saint Jean 75017 Paris - on their website by clicking on the following link: link. It is also possible to enter the online dispute resolution platform of the European Commission by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php
13.2.3. The Client may be assisted by a lawyer whose fees will remain at his expense.
13.2.4. The Client is free to accept or refuse the use of mediation and, where appropriate, the solution proposed by the mediator.
13.3. Applicable law and competent courts
13.4. The interpretation, validity and execution of the Contract are subject to French law unless mandatory provisions to the contrary result in particular from Regulation (EC) 593/2008 of 17 June 2008 on the law applicable to contractual obligations.
13.5. Any dispute with a Consumer Customer relating in particular to the formation, execution, interpretation, validity, termination or termination of the Contract falls under the exclusive jurisdiction of the competent French courts without this clause being able to affect the rights that the Customer could benefit from as a consumer, under the applicable legislation in this area and in particular Regulation (EU) No 1215/2012 of 12 December 2012.
13.6. ANY DISPUTE WITH A PROFESSIONAL CLIENT RELATING IN PARTICULAR TO THE FORMATION, EXECUTION, INTERPRETATION, VALIDITY, TERMINATION OR TERMINATION OF THE CONTRACT, FALLS UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS. THE ATTRIBUTION OF JURISDICTION TO THE COURTS OF PARIS IS GENERAL AND APPLIES, WHETHER IT IS A MAIN CLAIM, AN INCIDENTAL CLAIM, AN ACTION ON THE MERITS, AN INTERIM MEASURE OR A PRECAUTIONARY MEASURE, REGARDLESS OF THE PLACE OF DELIVERY AND THE METHOD OF PAYMENT. THE CUSTOMER ACCEPTS THIS ATTRIBUTION OF JURISDICTION WITHOUT ANY RESTRICTION OR RESERVATION.
14.1. The nullity of a contractual clause does not entail the nullity of the General Conditions unless it is an essential and decisive clause that led one of the parties to conclude the Contract.
14.2. The parties undertake to negotiate in good faith to modify the cancelled clause.
14.3. The General Terms and Conditions are written in French. In the event that they are translated into one or more languages, only the French text will prevail in case of dispute.