GENERAL CONDITIONS OF SALE
Last amended: October 2013
The present conditions apply between the following:
The Purchaser and OOB to be referred to hereafter jointly as the “Parties” and singly as the/a “Party”
Article 1 - Purpose
The purpose of the present general conditions of sale is to define, exclusively in respect of the relations established between the Parties on the Internet, their respective rights and obligations arising from the on-line sale of the products offered on the Website. The conditions govern all the phases needed to place an order and tracking of the order between the Parties.
Article 2 - Acceptance
Any order for a product offered on the Website presupposes perusal and express acceptance of the present general conditions of sale before validation of the order.
The present general conditions of sale apply without restriction to all sales concluded by OOB with non-business users wishing to purchase products offered for sale by the Vendor on the Website and are accessible at all times on the Website and take precedence over any other contradictory version or document.
Orders are validated by clicking on the “Validate” button, which constitutes proof of the entire order and the payabilty of the monies due for the order. In all circumstances, payment on line via an accepted payment instrument and final validation of the order constitue proof of the entire order and to payability of the monies relating to the products shown on the order form.
Since the general conditions of sale may be amended, the applicable conditions will be those in force at the time when the order is placed. OOB recommends the Purchaser to print and keep these conditions.
Article 3 - Products
For each item on sale on the Website, OOB undertakes to provide a brief description summarizing the characteristics of the item, subject to the limits of the information provided by the suppliers, as the case may be.
OOB will make every effort to provide the Purchaser with as much information as possible, despite taking all care in the wording of such descriptions, errors may occur, in which case the Purchaser is invited to inform OOB, which undertakes to correct the error concerned as quickly as possible.
The pictures and colors of the products displayed on the Website may not correspond exactly to the actual colors of the products due to the effect of the Internet browser used and the resolution of the Purchaser’s screen, in which case OOB may not be held liable for any errors.
Article 4 – Price
Prices are shown in Euros excluding delivery charges, taking account of any reductions and including the VAT applicable at the time of the order. The stated prices are guaranteed subject to stock availability except in the event of significant changes in costs, notably VAT, typographical errors or omissions. The stated prices do not include delivery charges, which are billed in addition and are specified to the Purchaser when the order is definitively validated.
In the event of delivery in any country other than metropolitan France, you are the importer of the products concerned. The prices of products sent outside the European Union and French overseas départements and territories are shown excluding VAT on the invoice and customs duties, other local taxes, import duties or national taxes may be payable. Any such duties or taxes are not the responsibility of OOB and are borne by the Purchaser, who is fully liable in this respect, in terms of both declaration and payment to the competent authorities or agencies in the country concerned. We advise you to make enquiries about these matters with the local authorities.
OOB reserves the right to modify its prices at any time. Products are invoiced on the basis of the prices applying at the time when the order is validated, subject to product availability.
Products remain the property of OOB until the price has been paid in full.
Article 5- Availability
Our product offers are valid so long as they are visible on the Website, subject to stock availability excluding any promotional operations as stated on the Website. In the event of any product being unavailable after an order has been placed, we will inform the Purchaser by e-mail of cancellation of the order and the bank debit will be reversed.
Article 6 - Delivery
6.1 - General provisions: Products are delivered to the delivery address, as stated when the order is placed, by the date stated on the payment page before the order is validated by the Purchaser. The timescales stated when orders are taken are average timescales provided for guidance only and may vary depending on the destination.
In the event of a delivery by a carrier requiring agreement on a delivery date, the carrier will contact the Purchaser at the earliest possible opportunity to agree on a date within at most thirty days of the date of validation of the order.
In the event of a delivery delay attributable to OOB of more than fifteen days after the delivery date stated when the order was validated, the Purchaser will be entitled to cancel the order concerned, in which case, if the Purchaser receives the goods after cancelling the order, we will ask him/her to return them, in the original packaging, within seventy-two hours and we will refund the price of the goods and the cost of returning them within 3 (three) working days of receiving the package.
Customized products are purchased directly from the suppliers, which then deal with delivering them to the Purchaser.
Any orders placed on the Website for delivery outside France may be subject to taxes or customs duties, which are borne by the Purchaser and are his/her responsibility – OOB is not obliged to inform the Purchaser about any taxes or customs duties applicable in the country of delivery.
For metropolitan France, packages are normally delivered within forty-eight hours of the date of dispatch. The timescales are longer for other countries.
6.2 – Dispatch: For metropolitan France, packages are normally delivered within forty-eight hours of the date of dispatch. The timescales are longer for other countries.
6.3 - Delivery outside metropolitan France: Any orders placed on the Website for delivery outside France may be subject to taxes or customs duties, which are borne by the Purchaser and are his/her responsibility – OOB is not obliged to inform the Purchaser about any taxes or customs duties applicable in the country of delivery.
6.4 - Lost packages: If a Purchaser does not receive his/her package, a calling card or any information within 15 (fifteen) working days of the order being dispatched in the case of delivery in France or 20 (twenty) days in the case of any other country, he/she must go to the nearest post office or package collection point with the package tracking number specified in the confirmation e-mail sent upon dispatch of the package.
If the package is not recovered, the Purchaser must contact the return and exchange department of OOB at the earliest possible opportunity at the following address: OOB Company 9 rue Quentin Bauchart 75008 Paris France or by email at : firstname.lastname@example.org .
Article 7 - Right of withdrawal / Returns
The Purchaser is entitled to return any order within a withdrawal period of 7 (seven) days from the date of receipt. Products returned under the right of withdrawal must be sent in their packaging, accompanied by all accessories when applicable, to the following address: OOB Company 9 rue Quentin Bauchart 75008 Paris France
In accordance with the operative regulations, the right of withdrawal may not be exercised for audio or video recordings or computer software programs where the seal has been broken by the customer.
Provided that the above-mentioned conditions are fulfilled, OOB will refund the Purchaser for the monies paid, excluding the cost of returning the products, which is borne by the Purchaser, within 5 (five) working of OOB receiving the package. The return expenses and risks are borne by the Purchaser, so he/she must keep all forms of proof of return and OOB therefore advises the Purchaser to return goods via tracked delivery or any other means proving return. The supporting documents should include the following information: consignee’s address, date of dispatch and package number.
Article 8 - Product compliance
Although the utmost care is taken with preparing orders, some goods may be defective or missing or may not comply with the order, so the Purchaser should check all products received and the customer relations department must be notified, within 48 hours of receiving the package, of any anomaly (missing product, non-compliance with the order or damaged package) at the following address : OOB Company 9 rue Quentin Bauchart 75008 Paris France or by email at : email@example.com No claims will be considered after this timescale and OOB will be discharged from any liability.
Provided that the above-mentioned conditions are fulfilled and that the Purchaser’s claim is valid, OOB will either send the missing product or refund the defective product, though it reserves the right to demand that the Purchaser return the defective product to OOB at its expense.
Article 9 - Payment
The amount due by the Purchaser is indicated before he/she validates the order and in the order confirmation e-mailed by OOB to the Purchaser.
Purchases may be paid for using a bank card such as Visa, MasterCard, American Express and Ecard bleue or via PayPal. Cards are not debited until the orders are dispatched. An order is considered valid once the bank’s agreement to pay has been confirmed. Orders are cancelled automatically in the event of the bank’s refusal. In any event, OOB reserves the right to refuse any order or delivery in the event of a dispute with the Purchaser, failure by the Purchaser to pay for a previous order in whole or in part or refusal to authorize a bank card payment by the bank concerned. OOB disclaims all liability in the event of any dispute.
Article 10 - Order confirmation
Once payment has been validated by bank card or via PayPal, the order is recorded and becomes irrevocable subject to the withdrawal period referred to in Article 6 above. The order form is recorded in OOB’s computerized registers, which are kept on a reliable, durable medium considered as proof of the contractual relations concluded by and between the Parties.
Once the Purchaser has validated payment by bank card or via PayPal, he/she is sent a confirmation e-mail at the address given when the order was placed. The confirmation summarizes all the data collected in the ordering phases and specifies an estimated dispatch date. OOB recommends the Purchaser to keep or print the order confirmation e-mail.
Article 11 - Refunds
In the cases provided for herein are made at the earliest possible opportunity and within the stated timescales at the latest by crediting the account used to pay for the order.
Article 12 - Liability
The Purchaser is responsible for making checks in respect of specific taxes, declarations, bans and the right to import and use the ordered products with the local authorities. OOB disclaims all liability in the event of non-compliance with the legislation of the country where the products are to be delivered.
Article 13 - Personal data
OOB treats all customer information as strictly confidential. Website purchasers are asked to provide information via questionnaires and forms notably when they create their customer accounts. The fields marked with an asterisk are compulsory and the information is needed to process the order or enquiry. If the Purchaser prefers not to reply, OOB will be unable to process the order or enquiry. The optional data are requested so that we can get to know you better. All such information is intended for OOB, which is responsible for processing it, for order recording and processing, marketing surveys and statistics in order to provide you with the most appropriate offers, quality services and commercial canvassing. OOB may send you commercial offers via e-mail, text, telephone or post with your prior agreement, which you may withdraw at any time by e-mailing the following address: OOB Company 9 rue Quentin Bauchart 75008 Paris France or writing to OOB , firstname.lastname@example.org .
Unless you objected when completing the data form, your personal data may be communicated to OOB’s commercial partners and other group companies, which may send you commercial offers by post. Personal data may also be communicated to third parties under contract with OOB for the performance of sub-contracted tasks required for the management of your account, orders and payments.
In accordance with the French Data Protection Act of 6th January 1978, you have the right to access, rectify and delete your personal data and to oppose the processing thereof on legitimate grounds. If you wish to exercise this right you may e-mail OOB at the following address: email@example.com , indicating your full name, postal and e-mail addresses and, if possible, a customer reference in order to deal with your request more speedily.
Article 14 - Force majeure
OOB disclaims liability for the non-fulfillment, in whole or in part, of its contractual obligations if such non-fulfillment is caused by an event constituting force majeure, notably in event of disturbance or strike, complete or partial, notably affecting postal services, means of transport and/or telecommunications, flood and fire. Should an interruption due to a case of force majeure last more than 1 (one) month, OOB may be unable to honor the order, in which case it must refund the Purchaser where appropriate.
Article 15 - Governing law
Without prejudice to any more favorable mandatory provisions applicable according to the law of the Purchaser’s country by virtue of EU regulations or international conventions, the present general conditions of sale are subject to French law and any disputes in relation to the commercial relationship existing between OOB and the Purchaser will be subject to the exclusive jurisdiction of the French courts. In the event of a dispute, the Purchaser must first contact OOB to try to achieve an amicable solution, though any such attempt will not interrupt the contractual guarantee and will interrupt the timescales for legal action by the Purchaser.