General terms and conditions of sale
Preamble
You are currently visiting one of the websites managed by OMBRES ET FACETTES. The purpose of this document is to provide you with information about OMBRES ET FACETTES and its general terms and conditions of online sales (Contractual Terms).
You must read the following provisions carefully, as they constitute an electronic contract that establishes the general conditions of sale of the electronic store of OMBRES ET FACETTES.
The “Double-click” that you will execute after having filled in your order form constitutes the validation of this one and will be worth irrevocable acceptance of the present Contractual Conditions when your order will have been validated.
Accordingly, you may only order products and/or services if you agree to all the terms and conditions set forth below.
The Internet user (natural person with the capacity to contract) and are hereinafter referred to as “the parties”, and individually as “the party”.
Definitions
In this contract, each of the terms listed below shall have the meaning set forth in its definition, namely:
– “the Company”: OMBRES ET FACETTES
– “distance contract”: any contract concerning the order of products and/or services entered into between the Company (*) and a customer (*) as part of a system for the distance sale of goods or provision of services organized by the Company (*), which, for this contract, uses exclusively the Internet until the contract is concluded, including the conclusion of the contract itself.
– Customer” means any natural person who, in this Agreement, is acting as an individual or as a representative of a legal entity and who has the right to contract.
– Order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click” (*) to engage him.
– Order”: act by which the customer commits to purchase products and/or services and the company (*) to deliver them and/or provide them to him.
– Product” means a good sold or service provided by the company.
– double click”: reiteration of the validation of the Purchase Order by the customer. An order form filled and validated once is never taken into account without the confirmation of the customer. This confirmation can be done through a checkbox accepting the Contractual Conditions, or through a message confirming the order.
Company
– OMBRES ET FACETTES
– SAS
– Capital: 10,000 euros
– SIREN: 538 608 167 APE Code: 274 OZ
– Intra-Community VAT Number: FR65538608167
– Tax Rate: 20%
– Address: 10 rue de l’industrie, 41220 SAINT LAURENT NOUAN
– Phone: +33(0)611806270
– Email: contact@ombresetfacettes.com
Subject
This contract is an electronic distance sales agreement intended to define the rights and obligations of the parties in connection with the sale of products offered by OMBRES ET FACETTES. As such, it complies with current French regulations, namely:
– Law No. 2004-575, known as the Law on Confidence in the Digital Economy.
– Law No. 2008-3 of January 3, 2008, on the Development of Competition for the Benefit of Consumers.
– Recommendation No. 07-02 of the Commission on Unfair Terms, concerning contracts for the sale of movable property concluded online
It also complies with the OECD’s recommendations in the field of e-commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online business activities. Although minors can act alone in cases where the law or usage authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the power to contract.
To this end, it is possible that we ask any customer placing an order on our site to prove his capacity to contract, in compliance with the obligations related to the modified Law 78-17.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of the latter to rescind (cancel) the sale under Article 1305 of the Civil Code.
Products
The products offered by OMBRES ET FACETTES are presented on French-language websites. No citizen of the European Community or of countries that comply with Directive 95/46/EC may cite a lack of language proficiency as grounds for canceling the contract.
The products offered for direct sale by OMBRES ET FACETTES are those listed on the ombresetfacettes.com website on the date the user visits the site, subject to availability.
The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the Internet user ….).
Due to the specificity of the Internet network, the company does not guarantee the availability of all products on its site in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform the Internet users by means of its site or by sending an e-mail to a valid e-mail address provided by the customer. The company will then propose to you the replacement of the ordered product by an equivalent product (quality and price), or a credit note, or to exercise your right of resolution (cancellation of your order).
Prices
Product prices may be changed at any time by the company, with the exception of any product sale concluded at the price displayed on ombresetfacettes.com.
In the event of an obvious typographical error resulting in the display of an “unreasonably low price,” the sale may be canceled, as stated in the section “Order Fulfillment.”
Prices are listed in Euros (€), shown inclusive of tax on the order form, and include order processing fees.
Shipping charges are the customer’s responsibility, unless otherwise specified during the ordering process. The various shipping options (along with their rates) are presented during the ordering process and detailed in the order summary.
Payment of the full price must be made no later than upon pickup of the products, unless otherwise specified during the ordering process and noted on the invoice.
In the event of delivery of products outside of France, customs duties and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer agrees to verify the importability of the ordered products with respect to the destination country.
Ordering and Payment
Any purchase order signed by the Customer via a “double-click” constitutes an irrevocable acceptance that may be challenged only in the cases expressly provided for in this contract under the sections “Right of Withdrawal” and “Order Fulfillment.” Any approval of a quote sent by email to the customer and returned to OMBRES ET FACETTES with explicit consent also constitutes an irrevocable acceptance.
The ordering process complies with the provisions of Article 1369-5 of the Civil Code.
– Any user wishing to confirm their order must identify themselves by filling out the appropriate form provided on ombresetfacettes.com. This identification is carried out in strict compliance with Law 78-17, as amended, as indicated in our “Data Protection” section.
– After having checked the content of his order, as well as the total cost of this one (ordered products, shipping costs, possible eco-participation, optional options), and corrected possible errors, the Internet user will confirm it definitively. This confirmation will be considered as the conclusion of the contract.
– Contractual information will be provided in a confirmation email sent to the customer no later than the end of the withdrawal period, provided that the customer has supplied a valid email address that is not subject to any usage restrictions (such as a work email address). In such cases, the company shall not be held liable for the sending of contractual and/or promotional information to an email address with restricted access.
To pay for their order, the Customer may choose from any of the payment methods listed in the ordering process and displayed on the company’s website. The Customer warrants to the company that they have any necessary authorizations to use the payment method they selected when confirming the order.
In the case of payment by credit card, the Customer must provide their credit card number (depending on the type of card), its expiration date, and the security code (the 3-digit number on the back of the credit card). OMBRES ET FACETTES guarantees that payments are secured using SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible. The company guarantees that the encryption methods and services used to secure transactions have been authorized or registered in accordance with applicable law.
In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Client and the card issuer and between the company and its banking establishments shall apply, in accordance with Article 132-4 of the French Monetary and Financial Code.
If the only method of payment is a payment by credit card, the final validation of the order occurs upon full payment (except special provisions) of it.
Shipping:
Shipping time:
OMBRES ET FACETTES does not include shipping in its prices. Customers are solely responsible for the shipment of goods.
Incomplete or Non-Compliant Delivery (Due to the Carrier)
The package may be damaged, or its contents may have been partially or completely stolen.
If you notice such an issue, please note it on the carrier’s delivery slip and refuse the package, then return it to us along with a Form 170, known as a “theft report.” If you become aware of this issue after the carrier has left, please notify us by email at OMBRES ET FACETTES, 10 rue de l’industrie, 41220 SAINT-LAURENT-NOUAN, or by phone within a maximum of 72 business hours following receipt of the order.
In accordance with Article 133-3 of the French Commercial Code, you must send your substantiated complaint by certified mail with return receipt requested to the carrier within 3 days (excluding holidays).
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in preparing orders, it is possible that a product may be missing from the order or that an error occurred during preparation.
If you notice such an error, please report it to us as soon as possible and, if possible, within 72 business hours of receiving the order. You can report the issue by email at contact@ombresetfacettes.com or by phone.
Lost Package
If a package is lost by one of our shipping carriers, please notify us as soon as possible.
The company will investigate the matter with the relevant parties.
Right of Withdrawal
In accordance with Articles L121-16 and L121-20 of the French Consumer Code, the customer has a period of seven (7) clear days to exercise their right of withdrawal. This period begins on the date the customer receives the order.
To facilitate the processing of the return, the customer may contact the company by email to obtain a return number before shipping the items back. This requirement does not in any way affect the right of withdrawal.
The customer is fully responsible for all return shipping costs. Products must be returned complete and in a condition suitable for resale. It is also recommended that the products be returned in their original packaging, using shipping methods that provide protection comparable to that provided during the initial shipment of the products.
Please note that this right of withdrawal cannot be exercised for personalized products.
Right of Cancellation
In accordance with Article L. 121-20-3 of the Consumer Code, we will inform you of the latest possible delivery date when you place your order. If the delivery is delayed by more than 7 business days beyond this delivery date (excluding cases of force majeure as defined by law), you may cancel your order by sending a registered letter with return receipt requested within 60 days of the original delivery date. In this case, we will refund the full amount paid (excluding any return shipping costs) within a maximum of 30 days following receipt of your registered letter with return receipt.
Order Processing
The company reserves the right to refuse an order for a “legitimate reason” (as defined by case law), including, but not limited to, cases where the product is unavailable, the service cannot be provided, the customer makes an unreasonable request, there is a presumption that the customer is unable to enter into a contract, or the customer has a clear intent to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a “low price”, and this at the time of the order placed by the customer. In the event of a difference in interpretation between “low price” and “low price”, concerning the price displayed on the website at the time of the customer’s order, the customer may request the intervention of a third party, as provided for in the article “Applicable law”.
The order will be fulfilled no later than 20 days after the scheduled pickup date for the product or service specified at the time of the order, subject to the company’s acceptance of the order; otherwise, delivery will take 4 months if the product is not in stock. This production lead time is specified in the quote and is therefore provided with each order.
For lead times regarding various types of services (customization, etc.), please contact us.
An invoice will be automatically sent to the customer upon placing the order. It will be sent to the email address provided by the customer at the time of ordering, unless otherwise specified by the customer.