General terms and conditions of sale
As of September 14, 2022
Article 1: Scope of application
The present general terms and conditions of sale (GTC) apply exclusively to all sales of products concluded by Ornella, registered with the Chambre des Métiers et de l’Artisanat under the number 894 340 793, via the website http://www.maisonornella.fr to its Customers, as well as to its use. By “Products”, we mean all the products marketed via the site http://www.maisonornella.fr
Consequently, the fact of placing an order implies the Customer’s full and unreserved acceptance of these GTC. Any condition to the contrary imposed by the Customer will, therefore, in the absence of express acceptance, be unenforceable against Ornella, regardless of when it may have been brought to its attention. The fact that Ornella does not take advantage of any of the present general conditions at a given time cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date. The customer can consult these general conditions of sale simply, freely and at any time by clicking on the link “conditions of sale”. Thus, any order of articles placed by a customer will imply the final and irrevocable agreement of the customer on all the general conditions of sale presented hereafter. Ornella reserves the right to modify these terms and conditions at any time.
Article 2 : Application of the general conditions of sale – opposability of the general conditions of sale
The GTC are systematically sent or given to each buyer to enable him to place an order.
Article 3: Contractual Documents
The present contract is formed, by decreasing order of legal value, of the following documents:- the present general conditions of sale- the order form- the photographs illustrating the products on the Site do not enter the contractual field. If errors or alterations resulting from the processing of these photographs have been introduced, Ornella cannot be held responsible for this under any circumstances.
Article 4 : Ordering
4.1 The Customer places his order according to the process in force on the site and confirms the summary of it. The Customer is required to provide all mandatory fields: title, surname, first name, address, access code, floor, building number and other necessary information including a telephone number where the Customer can be reached during the day. As such, the customer is required to provide fair and truthful information.
4.2 The order will be the subject of a summary called My Cart, which can be consulted at any time and will include all the elements of the order and will indicate the total amount including the delivery costs according to the chosen delivery method. The customer will be able to return to his order, complete it, modify it or cancel it as long as he has not validated it. The customer will validate this order by clicking on “order” or “Pay with PayPal”. Any order form signed by the validation click constitutes an irrevocable commitment of the customer which can be questioned only in the cases restrictively envisaged in the present contract in the articles “Right of retractation” and “Execution of the order”.
Article 5: Order Confirmation
The conclusion of the contract will only take place when Ornella confirms the order. The customer will receive an email confirming the order and all the elements of the contract (products ordered, price, shipping costs, delivery address). (Ornella reserves the right not to confirm an order for any reason whatsoever, in particular due to a product supply problem or a problem with the order received. In any case, the customer will be informed.
Article 6: Duration of the offer
The offers contained in this site are valid as long as the related products remain online and while stocks last.
Article 7 : Price Invoice
The prices are expressed in Euro TTC. The price guaranteed to the customer is the one displayed on the online store at the time of purchase. The price fixed at the time of the purchase is firm and definitive. It does not include the participation in the expenses of delivery invoiced in supplement and which will be indicated before the confirmation of order, they are registered on the site with the heading “Forwarding”. For a delivery within the European Union, the prices take account of the VAT applicable to the day of the order. They are therefore indicated including VAT. No other customs duty or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalog. For a delivery outside the European Union, the customer will pay an amount excluding VAT on the website MAISONORNELLA. The customer will then have to pay customs duties, VAT or other taxes due on the occasion of the import of the products in the country of delivery. The related formalities are also the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery. An invoice will be issued by Ornella upon request. The customer must specify the address to which the invoice is to be sent.
Article 8 : Payment
The payment of the totality of the price is due from the order. The customer undertakes to pay the price stipulated for the product ordered on the online store (price of the products and transport) as well as to pay or have paid, if necessary, directly to the forwarding agent or carrier, the customs duties, the VAT or other taxes due on the occasion of the importation of the products in the country of the place of delivery. The customer pays his order by Paypal as proposed on the online store or by check or bank transfer. In the latter two cases, the order will be shipped only after receipt of the transfer or cashing of the check.
Article 9: Payment security
For the security of your payments, Ornella proposes to use “PayPal”, an independent credit card payment solution. With this system, payment by card or through a Paypal account is made directly on the secure PayPal server for the ORNELLA account. At no time will ORNELLA be given the card number if the customer chooses to pay using Paypal. Exchanges are encrypted and secure.
Article 10 : Delivery
10.1 The geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered to the address indicated by the customer on the order form. Delivery is deemed to have been made when the product is handed over to the carrier. Upon delivery, the customer must verify the content, conformity and condition of the product(s).
10.2 The order will be executed within 7 working days following the confirmation of the order by Ornella, subject to the availability of the product ordered and unless otherwise specifically agreed between the parties. The delivery times are given as an indication. They correspond to the information given by the carrier and Ornella cannot be held responsible if the carrier does not respect its commitments. However, the customer expressly acknowledges that the delivery time may be extended for deliveries outside metropolitan France. In case of stock shortage or unavailability of the product ordered, Ornella undertakes to inform the customer as soon as possible.
10.3 However, if 3 months after the indicative date of delivery, the product has not been delivered, for any other reason than a case of force majeure, the sale may, then, be resolved at the request of either party to the exclusion of all damages. The following are considered to be cases of force majeure that relieve Ornella of its obligation to deliver: war, riot, pandemic, fire, strikes, accidents, regulations or requirements of the public authorities, or any other unavoidable, unforeseeable event that is beyond the control of Ornella. Ornella will keep the Customer informed, in a timely manner, of the cases and events listed above.
10.4 In any event, timely delivery can only occur if the customer is up to date with its obligations towards Ornella, regardless of the cause. The goods travel at the risk of the customer to whom it belongs, in the event of damage or missing, to make all necessary contestations on the delivery note and to confirm its reserves by registered letter with acknowledgement of receipt to the carrier, in the 72 hours which follow the reception of the goods. The Customer shall immediately send Ornella a copy by e-mail of any complaint made by him/her to the carrier.
Article 11: Complaints
Claims for non-conformity of the product(s) delivered with the order must be made in writing directly to Ornella within three (3) days of delivery of the products. The customer must keep the packaging and the delivery note. In the event of a product error, the customer agrees to return the product or products concerned within 7 days of receipt to Ornella, provided that they are returned unworn and in their original condition and packaging with the accompanying documents. Upon receipt of the product in due form, Ornella will return, at its expense, the product originally ordered.
Article 12- Guarantee
12.1 Ornella does not give any guarantee for apparent defects, detectable after normal examination of the product, that may affect the said product delivered and that have not been reported by the Customer under the conditions stipulated in articles 10 and 11 hereof.
12.2 In accordance with article 1641 of the Civil Code, Ornella is bound by the legal guarantee of hidden defects.
Article 13 : Right of withdrawal
The customer has, within a period of 7 seven working days from the delivery of his order, a right to return, at his expense, for exchange or refund, products that do not suit him in accordance with Article L 121-16 of the Consumer Code. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have it suffered any deterioration, however slight, and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalty, except for the cost of return. Within a maximum of 30 days from the receipt of the product, the customer will be reimbursed the amount paid. For this purpose, he will communicate to Ornella his bank details.
Article 14: Personal information
The personal information requested from the customer is essential for the processing and delivery of orders and the establishment of invoices. For these purposes, this information may be communicated to contractual partners of Ornella. The customer may oppose such communication and in accordance with the law “Informatique et libertés” (law of January 6, 1978), he has a right to access, modify, rectify and delete data concerning him by sending an e-mail to the address : email@example.com .
Article 15: Electronic signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Article 16: Evidence
The computerized registers, kept in Ornella’s computer systems under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 17: Intellectual Property
Ornella is the owner of the intellectual property rights on the site and of the right to distribute the elements appearing in the catalog of the electronic store and in particular the photographs for which Ornella has obtained the necessary authorizations from the persons concerned, or for which Ornella is the author. Consequently, any total or partial reproduction of the Site is strictly forbidden, as well as all the elements contained on the Site.
Any reproduction or use of the elements of the Site would constitute a violation of the regulations on intellectual and industrial property.
Ornella reserves the right to take legal action against persons who infringe its rights and these general conditions.
Article 18- Reservation of ownership
Ornella shall retain ownership of the products delivered until full payment of the price, payment being understood to be the actual collection of this price and not the delivery of a bill of exchange or a title creating an obligation to pay (law n° 80.335 of 12.05.1980).
However, the transfer of risks takes place upon delivery of the products. During the entire period of retention of title, the customer, as the custodian of the goods, is liable for any damage or loss occurring after delivery. Likewise, he will be responsible for a bad condition of conservation making the product unfit for any use. The customer will bear all costs and/or damages related to the return of the products.
Article 19: Warning
Ornella undertakes to ensure the functioning of the Site in order to allow optimal use under the conditions defined in these general conditions. The User declares to be informed of the unreliability of the Internet network, especially:- On the security in the transmission of data,- On the obligation to protect its hardware or its computer network with an anti-virus regularly updated,- On the non-guaranteed performances in terms of volume and speed of data transmission,- On the fact that the continuity of access to the service is not guaranteed.
The service may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the site. Ornella shall not be held responsible for any malfunctioning of the site due to maintenance, technical problems, inability to access the site and failures of the hosting server.
Article 20: Links
The Site contains hyperlinks from partners. In the event that the user consults partner sites, Ornella declines all responsibility for access, content and use of the sites, and for any damage that may result.
Article 21: Entire contract
The present general conditions of sale express the entirety of the obligations of the parties. No other general or particular condition communicated by the customer will be able to integrate or derogate from the present general conditions.
Article 22: Jurisdiction
The general conditions of sale presented above are governed by French law. In the event of a dispute with a merchant relating to the interpretation, execution or validity of these terms and conditions of sale, the competent court will be the Commercial Court of Paris.
In the event that any of the provisions of these general terms and conditions of sale are deemed or declared by a court of law to be illegal or unwritten, the other provisions of these general terms and conditions of sale shall remain in full force and effect.