Terms of use

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/

Ozaelle is a trademark of the company ACL Création registered with the INPI.
ACL Création can be reached by email by clicking on the contact form accessible via the home page of the site.

These conditions of sale are concluded on the one hand by the company ACL Création SAS with a share capital of €1,000, whose registered office is located at 10 rue Squeville in Fontenay-sous-Bois, registered in the Trade 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".

It was stated and agreed as follows:

PREAMBLE

The Seller sells fashion accessories to consumers through its website https://ozaelle.com (hereinafter the Site).
The list and description of the goods offered by the Company can be consulted on the aforementioned Site.

Article 1: Object

These General Terms and 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 Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer suits his needs.
The Customer declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price

The prices of 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

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
  • 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.
The customer will have during his ordering process the possibility of identifying any errors made in the entry of data and of correcting them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by e-mail to the Buyer when the order is placed and archived on the Seller's website.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the code civil. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer.For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the products and their respective prices are made available to the buyer on the Site, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and the special conditions of the sale and the execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sale process, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, a 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 if there is no agreement with the Customer on a new delivery date, the Seller will reimburse the customer.
The contractual information is presented in detail and in French.
The period of validity of the Product offer as well as their prices is specified on the Company's website. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).

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

The products are delivered to the delivery address which was indicated when ordering by the Customer and within the deadlines indicated on the Site by the Company. Delivery terms: shipping costs, delivery methods, shipping and delivery times, and the delivery area are specified on the Site on the page: https: //www.ozaelle.com/pages/delivery. The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (street number, building number, staircase number, access codes, names and/or numbers intercom…).
When the Customer orders several products at the same time, these may have different delivery times.
In the event of a delay in dispatch of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund of his order. . If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, the Company will refund the item and the shipping and return costs , upon receipt of it, complete and in its original condition. The Company undertakes to inform the Customer of the progress of the processing of his order. In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and the Company, by any means, of any reservations within 3 days of receipt of the product. The Company cannot be held responsible for the consequences due to a delay in delivery that is not of its making. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
No deliveries will be made to a PO Box

Article 9: Availability and presentation

The Company can accept orders within the limits of available stocks. The Company informs the Customer of the availability of the products sold on the Site. If, despite the vigilance of the Company, the products are unavailable, the Company will inform the Customer by e-mail as soon as possible. The Customer may then request the cancellation of his order and be reimbursed, if necessary, for the sums paid. Definitive or temporary unavailability cannot in any way engage the responsibility of the Company, nor can it give rise to any right to compensation or damages in favor of the Customer.

Article 10: Payment

Payment is due immediately upon order, including for pre-order products. The Customer can make payment by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment providers. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled. In the event of refusal to authorize payment by credit card from officially accredited and usual Internet organizations or in the event of non-payment or non-payment of all or part of a previous order, the Company reserves the right the right to suspend any Order management and any delivery.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his command.

After communication of his decision to exercise his right of withdrawal within this period of fourteen (14) days, the Customer has another period of fourteen (14) days to return the product(s) concerned by the withdrawal.

The right of withdrawal can be exercised by the Customer by contacting the Company by e-mail at contact@ozaelle.com indicating his name, order number and the item(s) concerned for inform the Company of the return request.
The Customer can also use the form provided for this purpose on the site:
The product must be returned in its original packaging, in perfect condition for resale (undamaged, undamaged, unsoiled). Consequently, items returned incomplete, damaged, damaged or soiled will not be taken back.
To facilitate the processing of his return request, the Customer inserts in his package a Return slip to be downloaded from the site on the page provided for this purpose on the Site https://wwwozaelle.com/pages /return, with the item(s) to be returned.

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.

ACL Creation - 10 rue Squeville 94120 Fontenay-sous-Bois

The Customer must indicate his name and order number so that the Company can process the return as soon as possible.

We inform Customers that in accordance with current regulations, the right of withdrawal cannot be exercised for goods made to customer specifications or personalized and earrings cannot be returned for reasons of hygiene and health protection.

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, in particular lawyers' fees, incurred for his defence.

In accordance with the law, the Seller assumes the guarantees of conformity relating to the hidden defects of the products. The Seller reimburses the Buyer or exchanges the products which are apparently defective or which do not correspond to the order made. Reimbursement or exchange for non-conformity or hidden defects may be requested in writing by the Customer by sending a letter to the Company at the following address:

ACL Creation - 10 rue Squeville 94120 Fontenay-sous-Bois

It is agreed that the Customer must notify the Company of any lack of conformity, in writing, within two months from the day on which he noticed the defect.

Seller calls back:

  • 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 goods during the 24 months following the delivery of the goods.
  • 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: The 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 has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public declarations 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, 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 date of 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

If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: contact@ozaellecom.
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 Purchaser 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 beyond 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 Purchaser 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

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Photo credit: Sacha Loar


Article 17: Force majeure

The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

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 06/09/2021

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