Terms of Sales
Our general conditions of sale have been drawn up from a free and open-source model which can be downloaded from the site https://www.donneespersonnelles.fr/
These conditions of sale are concluded on the one hand by the company ACL Création SAS with a share capital of €1,000 whose head office is located at 10 rue Squeville 94120 Fontenay-sous-Bois, registered in the Trade Register and of Créteil Companies under number 881 980 486, hereinafter referred to as the "Seller" or the "Company" and managing the site www.ozaelle.com and, on the other hand, by any natural or legal person wishing to proceed with a purchase via the website www.ozaelle.com hereinafter referred to as "the buyer" or "the customer".
Article 1: Object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Site, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: https://www.ozaelle.com/policies/terms-of-sale
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the website are indicated in Euros all French taxes included (VAT + other possible taxes), and excluding speciﬁc shipping costs
If applicable, for all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to find out about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Site are the responsibility of the Customer. If applicable also the delivery costs.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 4: Conclusion of the online contract
- Information on the essential characteristics of the Product
- Selection of the Product, if applicable, of its options
- Indication of the Customer's essential contact details (identiﬁcation, email, address, etc.)
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract.
- Follow-up of instructions for payment, payment of products, delivery of the order. The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
Article 5: Products and services
When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of the stocks of Products available only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The contractual information is presented in detail and in French.
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products offered for sale through these GCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Independently of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product. during delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Note, however, that handmade accessories may have finishing irregularities, color differences inherent in this type of manufacture which cannot be considered as major defects.If the Customer uses the products abnormally or not in compliance, the consequences resulting from these uses are excluded from the scope of the contractual guarantees. In this respect, the nature of the products should be taken into account and the Customer is required to take care. For example, for brass accessories gilded with fine gold, the Customer must avoid any contact with detergents or abrasive products. In addition, normal wear and a certain patina linked to repeated wearing of the products cannot under any circumstances be considered as a lack of conformity within the meaning of this provision. The Company invites the Customer to read the advice on maintenance and use present on the site.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
Article 9: Availability and presentation
Article 10: Payment
Article 11: Withdrawal period
Following the request for withdrawal, the Company, in accordance with legal provisions, will refund the sums paid within 14 days of notification of the request for withdrawal. In the absence of receipt of the product(s) or proof of shipment within this period, the Company reserves the right to postpone the reimbursement until the day of receipt in accordance with article L221-24 of the Consumer Code.
The initial shipping costs when sending the order will only be refunded if the entire order is returned.
For any return of parcels, this must be done at the address indicated below and at the Customer's expense.
Article 12: Responsibilities and Warranties
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Company does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Company cannot be held responsible for the use that would be made of the site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third. In particular, the Company cannot be held responsible for false declarations made by a Client and for his behavior vis-à-vis third parties. In the event that the responsibility of the Company is sought because of such behavior of one of its Clients, the latter undertakes to guarantee the Company against any judgment pronounced against it as well as to reimburse the Company for the all costs, including attorneys' fees, incurred for his defence.
- that the Consumer has a period of 2 years from delivery of the goods to act with the Seller,
- that he can choose between the replacement and the repair of the good subject to the conditions provided for by the aforementioned provisions
- that he is exempted from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
- that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the cancellation of the sale or a reduction in the price of sale (provisions of articles 1644 of the Civil Code).
Article 13: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648 of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by the article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The good complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention of the buyer or the provision for repair of the good in question, if this provision is subsequent to the request.
Article 14: Complaints and Mediation
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the diﬀerent to the following mediator who will attempt in complete independence to reconcile the parties with a view to obtaining an amicable solution:
Article 15: termination of the contract
The order can be canceled by the Buyer by registered letter with acknowledgment of receipt in the following cases:
- delivery of a product that does not comply with the specifications of the order;
- delivery exceeding the deadline set at the time of the order or, if there is no date, within thirty days of payment;
- unjustified price increase or modification of the product.
In these cases, the Buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 16: Intellectual property rights
Article 17: Force majeure
Article 18: Protection of personal data
For more information regarding the use of personal data, please carefully read the Personal Data Protection Policy on the following page https://www.ozaelle.com/policies/privacy-policy .
You can consult it at any time on the Site.
Article 19: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, shall be subject to French law.
The nullity of a contractual clause does not invalidate these general conditions of sale.
Last modification of the GCS on 07/09/2021.