Condiciones generales de venta
Terms and Conditions of Sale
Article 1: The Seller and the scope of application
1.a - The present general terms and conditions
(hereinafter "Terms and Conditions") regulate exclusively the
relationship between SARL OGON DESIGNS (hereinafter "the Seller") and
the Customer (hereinafter "the Customer") for the purchase of OGON
DESIGNS' products through the following website www.ogondesigns.com.
Indeed, they exclusively concern the Customer who owns the method of
payment used to place the order through our website. They do not concern
a third party for whom the product would be intended.
1.b - This website (hereinafter the "website") is published by OGON DESIGNS SARL with a capital of 47 000 Euros - metallic Card cases, Bill & paper wallets and Coin dispensers retailer, whose Head office is in 175 Rue Alberto Santos Dumont - 27930 Guichainville - France, registered in the Companies Register (RCS- Registre du Commerce et des Sociétés) for Evreux-France under the number 452 225 576. Email: email@example.com.
1.c - All the products appearing for sale on this website are regulated by the following general Terms and Conditions.
1.d - OGON DESIGNS reserves the right, at any time and without notice, to modify the information displayed on this website. As soon as these modifications are displayed on line, each visitor who accesses the website is assumed to accept these modifications without any restriction. We suggest our Customers to check the newest website version. In every case, the current conditions at the time the contract was concluded, that is to say when the order was registered, will be applied.
1.e - Any orders of one or several products displayed on the website, includes the agreement of the actual conditions and pricing information without any restriction. No other terms and conditions shall apply. These conditions prevail over any other document, and prevail over the Customer's own country terms and laws.
1.f - Any breach of these conditions previously indicated as "Terms and Conditions", on behalf of the Seller cannot be understood by the Customer as a cancelation of these Terms and Conditions
Article 2: Information relating to goods
2.a - Products available for purchase online
are subject to availability. The display of the products on the website
guarantees its availability in stock except if the opposite mention "Out
of stock" is posted. The Customer will be informed if the product
requested is not available. We keep checking our stock, but we are not
liable for any product unavailability.
2.b - All products displayed on the website can be purchased by private customers and professionals registered in our data base with a customer ID.
2.c - Pictures displayed in this website are for information only. Whilst every effort is made to ensure that the pictures are accurate, they may contain inaccuracies or typographical errors. We are not liable and cannot be held responsible for any error appearing on the website.
Article 3 : Order
3.a - Purchase orders are made on the
following website: www.ogondesigns.com. Products may be subject to stock
availability. If a product is out of stock, in spite of the vigilance
of the Seller, the Customer will be informed by email after the order is
placed. The order submitted by the Customer is confirmed by OGON
DESIGNS, only if it has been duly paid and completed without any errors
traced by the site. All orders are subject to acceptance by the Seller
and OGON DESIGNS reserves the right to refuse any orders judged non
valid (quantities not corresponding to the retailing, delivery address
non valid, incomplete information...)
3.b - All data recorded by the payment system will constitute the proof of the transaction.
3.c - An email will be sent to the Customer to confirm the receipt of the order enclosing a summary of the products ordered and all the corresponding information.
Article 4 : Choice and prices of the goods
4.a - All prices displayed on the website are
stated in EURO and inclusive of VAT (French legal VAT rate). The
shipping costs are payable by the Customer and are added to the price of
the products. Please see paragraph 6.h for more information regarding
the shipping costs.
4.b - Any possible change of the French VAT rate will be reflected in the price of the products displayed on the website.
4.c - The Seller reserves the right, at any time and without notice, to change the prices. However, the Seller commits to apply the current price at the time the order was placed.
4.d - The Customer having familiarised himself with the products sold on this website and their characteristics, he admits beforehand having determined which were his needs and validated his order consequently.
Article 5 : Secure Payment
5.a - The order is deemed to be placed when
the payment is done and complete. The Customer is supposed to have all
required authorisations to use the method of payment chosen at the time
the order was placed. All orders are payable in EUROS. Payment can be
done by credit card (Visa, Eurocard, Mastercard).
5.b - Credit card payment process: the Customer can pay his order directly on the website. The Customer's credit card will be debited for the total value of the order at the time the order is confirmed by the Customer. All credit card payments on this website are secured by a last generation encoding system. The Seller cannot access the Customer's card number which pass through the protected banking systems in strict confidence. The security system accepts national credit cards only, as well as Visa, Eurocard and MasterCard. The total value of the order must be paid at the time the order is placed. Orders will be confirmed and processed when the payment is authorised by the credit card issuer (Visa, Eurocard, and MasterCard). In case of payment dispute with the Customer, the Seller reserves the right to refuse the order. We draw the Customer's attention to the fact that the Seller subscribed to the "3D secure" option via Cyberplus paiement, the secure online payment system by La Banque Populaire. 3D secure is an agreement between various banking organisations which brings a higher level of security to the online transactions. This system requires entering an additional code number that the credit card issuer of the card owner can provide at any time.
Article 6 : Shipping & Delivery
excluding EEC: Rights & taxes can be applicable and are the responsibility of the end customer.
Free shipping costs:
- France: in the relay point so colissimo without minimum order
- France: Colissimo from 80 €
- Foreign: Free delivery from € 90 (except Oman) - Carrier of our choice.
6.a - All products can be shipped to France
Metropolitaine (Corsica included), and to most of the worldwide
countries served by "Coliposte". The Seller uses "Coliposte" (French
postal Service) to ship and deliver the goods.
6.b - The goods will be shipped after the payment for the total amount of the order has been received. Goods will be delivered to the address given by the Customer on the website at the time the order was placed. As a consequence, the information transmitted by the Customer is considered to be correct and will not commit the Seller's responsibility in case of dispute.
6.c - Tracking Delivery : An email will be sent to the Customer in order to confirm his order has been shipped with all the necessary information to enable him to track the order (http://www.colissimo.fr/portail_colissimo/suivre.do?language=en_EN)
6.d - The availability of the products is provided on the website. Orders will be dispatched from Monday to Friday, excluding bank holidays. In order to reduce the Customer's delivery charges, any order which contains several products will be processed as a whole, especially if the products ordered by a Customer are not available at the same time.
6.e - Delivery time: The "Colissimo Suivi" method by "La Poste". As soon as the courier is in charge of the parcel, "La Poste" plans an average delivery time given in the summary table at the paragraph 6i. The parcel will be delivered by the postman, to the delivery address mentioned at the time the order was submitted by the Customer. In case of absence, the parcel will be available at the post office nearest the delivery address as indicated on the note left at the delivery address. Delivery times are communicated for information only and are indicated as accurately as possible considering the information given by the carrier. No refusal of delivery, neither claim for a refund of the shipping costs, nor damages suit of any kind could be taken by the Customer towards the Seller if the delivery was delayed.
6.f - In accordance with the article L121.20.3 of the French Consumer Code, the products must be delivered within a maximum period of thirty days from the day after the Customer submitted his order, subject to the payment of the total amount. Therefore, if a month after the order confirmation, the goods are not delivered for any reason other than force majeure, the sale may be cancelled at the request of the Seller, or the Customer. In this case, the Seller commits to give the Customer a refund on the amount received, excluding any other compensation.
6.g - Delivery of goods: the Customer must check the content of the parcel at the time of delivery. Any complaint regarding the parcel content must be done through the website contact form within 48 hours after delivery; the date the email was sent will be taken as a proof. Beyond this time, the Seller will consider that the Customer checked the parcel and no complaint could be sent to the Seller.
6.h - Delivery delay: The Seller endeavours to provide on the website the most accurate information regarding the products availability, products delivery times being prone to changes at any time without notification and also depending on suppliers lead times. The information regarding the products availability provided on the website is for information only and does not represent a contractual commitment. Nevertheless, the Seller is committed to make every effort to satisfy the Customer.
In case of delay within the eight working days following the date of dispatch confirmed by the Seller, the Seller suggests the Customer to check if the parcel is pending at the post office nearest the delivery address. Should this not be the case, we invite the Customer to contact us through the website contact form, providing his complete contact details, the order number, the references of the products ordered and a comment regarding the purpose of the request. Then, we will contact "La Poste" to set up an investigation which could last up to 21 days from the opening date. If the parcel is found, it will be shipped by "La Poste" as soon as possible. If the parcel is not found when the investigation has come to an end, the parcel will be deemed lost and the Seller will send a replacement without additional charges for the Customer.
6.i - Delivery charges: Delivery charges applied by the Seller exclusively depend on the delivery address. Colissimo : Delivery within 48h to France, Corsica and Monaco. Additional 2 to 6 days for the other destinations.
6.j – Additional shipping costs. If your product is
returned to us by the Postal Service for the following reasons, we will
ask you to pay additional shipping costs to resend your order:
- Wrong address
We send your order to the address you specified. You are responsible if there is a mistake in your delivery address. As soon as your order is back to us, we will contact you by email to pay by credit card or Paypal new shipping costs (same amount as the original shipment).
- Unclaimed (You did not collect your parcel at the post office on time)
The parcel will be returned to us. We will contact you by email to pay by credit card or Paypal new shipping costs (same amount as the original shipment).
Article 7: Right of withdrawal
7.a - In accordance with the article L.121-20
et seq of the French Consumer Code, the Customer has fourteen clear days
in which to exercise his right of withdrawal without giving a reason
therefore or incurring a penalty, with the exception, where applicable,
of the cost of returning the goods.
7.b - In order to exercise his right of withdrawal, the Customer must inform the Seller by email through the website contact form in order to provide the best customer service. The email must be sent within fourteen clear days of receipt of the goods, the date of sending will be taken as a proof. The products must be returned by "Post", with track and trace option, in their original packaging, in perfect condition, complete, to the following address:
ZAC du Long Buisson
175 Rue Alberto Santos Dumont
When the Customer exercises his right of withdrawal, the Seller commits to refund the total amount paid by the Customer (except the return shipping costs) as soon as possible and no later than thirty days from the date this right is exercised and after the Seller receives the returned goods. If the products returned are incomplete or damaged, they will not be replaced neither refunded. Moreover, the return shipping costs must be paid by the Customer. The Seller draws the Customer's attention to the fact that the Customer is responsible for the risks of return and the Seller does not accept liability for goods which are damaged or lost during return shipment, especially if the Customer does not follow the return instructions.
7.c - The right of withdrawal does not apply to personalized products (engraving option). These products cannot be exchanged nor refunded.
Article 8 : Conformity and guarantee of the products
8.a - In case of nonconformity of the products, the Customer who wants to return the goods must inform the Seller first by a motivated request through the website contact form. In order to provide the best customer service, the Customer must provide the necessary explanation and justification to the Seller. The email must be sent within seven clear days of receipt of the goods, the date of sending will be taken as a proof. The products must be returned by "Post", with track and trace option, in their original packaging, in perfect condition, complete, to the following address:
ZAC du Long Buisson
175 Rue Alberto Santos Dumont
The Seller draws the Customer's attention to the fact that the Customer is responsible for the risks of return and the Seller does not accept liability for goods which are damaged or lost during return shipment, especially if the Customer does not follow the return instructions.
Article 9: Product Warranty
9.a - Customer benefits from the legal provisions relating to warranty of latent defects by virtue of the article 1641 et seq of the French Civil Code. Any incomplete or damaged product or whose original packaging has been damaged cannot be returned or replaced as part of the warranty. This warranty excludes: unreasonable or abnormal use of the product, damages and their consequences due to the intervention of the Customer or due to the intervention of a third party initiated by the Customer, damages and their consequences due to an abnormal use of the product, as well as the normal wear and tear of the product. The product is designed to hold a maximum of 7 credit cards or 15 cards and papers (bank notes, credit card receipt, and business cards). If the Customer notices the product is hard to close when using it, it is because the product is over-filled. The closing system closing system can be damaged if the wallet is over-filled or if it is dropped. These are the two main ways of breaking the lock. Any damages on the closing system which would occur under these circumstances are excluded from this warranty. In normal use, the product can last at least 3 years.
Article 10 : Retention of title and cancellation clause
10.a - The Seller retains the ownership of the
goods sold until the Customer fulfils his obligation, especially the
payment of the total set amount. Once the transfer of ownership is done,
the Customer is responsible for the risks of loss, theft or
deterioration of the product.
10.b - If the Customer fails to fulfil one of his obligations, the sale will be terminated automatically without notice. The Customer will have to restore the goods to the Seller within 48 hours, and will be charged for the return shipping costs.
11.a - The Customer's personal data are only required for the purposes of issuing the invoice and sending the goods. The data provided by the Customer will not be used for marketing purpose; they will not be included in a listing nor be passed to a third party.
Article 12 : Intellectual property rights
12.a - The Seller's website, as well as its contents are protected by the intellectual property and copyrights laws in force. Any reproduction, whether complete or partial of this website, either of his contents is strictly prohibited.
Article 13 : Force Majeure
13.a - The Seller's obligations will be implicitly suspended in case of incomplete or total non-fulfilment of his obligations caused by force majeure or unforeseeable circumstances. In accordance with the article 1148 of the French Civil Code, the Force majeure occurs within a context of unpredictability and irresistible circumstances. Explicitly, are considered as force majeure:
- Strikes, especially: transport strikes; communication and postal services strikes, regulatory restrictions, attack...
- Flood, fire, lightning, natural disaster...
- Computer or server breakdown
Article 14 : Limitation of liability
14.a - Products sold by the Seller come from
different sources of supply in France or abroad, in accordance with the
French laws in force. However, it is up to the Customer to ensure the
product bought from the Seller will be used within the law. The Seller
disclaims all responsibility if the delivered product does not comply
with the law in force in the country of delivery.
14.b - The Seller cannot be held responsible in case of breach of contract caused by a stock shortage, either by the unavailability of a product due to the Seller or due to his suppliers; by force majeure; by disruption or strike of the postal services or transport used to process the order.
14.c - The Seller cannot be held responsible for any direct nor indirect damages which would occur following a purchase on his website.
Article 15 : Applicable law and territorial jurisdiction clause
These Terms and conditions are governed by the French Law.