General terms andconditions of sale
The OUATE Company is happy to meet you on its website which is accessible via the following URL address: www.ouate-paris.com
This website (hereinafter « the Website ») is the property of the OUATE Company, a simplified joint stock company with a sole shareholder, with a capital of 10,000 euros, whose registered office is located at 2 rue Saint Louis Appartement 102 – 62520 – Le Touquet – Paris – Plage – France and registered in the Trade and Companies Register of Boulogne-sur-Mer under number 834 633 265.
The publication director is the Director of Digital Activities OUATE.
This merchant website is accessible via the Internet at www.ouate-paris.com (hereinafter referred to as the “Website”) and is open to any user of this network (hereinafter referred to as the “Purchaser”).
These general terms and conditions of sale (the “General Terms and Conditions”) are concluded between OUATE SAS and any non-commercial individual wishing to make a purchase on the Website (hereinafter the “Purchaser”) (hereinafter referred to together as the “Parties”). All sales contracts concluded between OUATE SAS and the Buyer. All orders are made with an obligation to purchase. (hereinafter the “Order”)
The Website is published and managed by OUATE, whose registered office is located at 2 rue Saint Louis Appartement 102 – 62520 – Le Touquet – Paris – Plage – France
Any order placed on the Website requires prior consultation and full and complete acceptance of these General Terms and Conditions, which may be consulted on the Website. The Parties therefore agree that their relations are governed by these General Terms and Conditions.
OUATE SAS reserves the right to adapt or modify these General Terms and Conditions at any time and without notice, the version applicable to any transaction being the one appearing on the Website at the time of the Order. The General Terms and Conditions may under no circumstances be modified by the Purchaser.
If a condition of sale is missing, it will be considered as being governed by the provisions in force in the distance selling sector whose companies have their headquarters in France.
If one or more provisions of these General Terms and Conditions are rendered invalid pursuant to a French legal provision or a court decision, the other provisions shall remain in force.
Under French law, to be able to place a valid order on the Website:
– The Purchaser declares that he has read and accepted these General Conditions before validating his order on the Website.
– The Purchaser must be at least 18 years old and have legal capacity. The Purchaser therefore declares that he/she has the capacity to conclude this contract and is not under guardianship.
– When the Purchaser transmits to OUATE SAS, via the Website, his contact details necessary for the delivery of the product(s) appearing on the Site, he must ensure the accuracy and exhaustiveness of the information he transmits. In the event of an error in the wording of the recipient’s contact details, OUATE SAS cannot be held responsible for the impossibility of delivering the ordered product(s). Please note that P.O. Box numbers are not acceptable.
– The buyer certifies that purchases made on the Website are for personal use or gift only and will not be used for resale, commercial purposes or any other commercial benefit.
The OUATE brand products (the “Product(s)”) offered for sale by OUATE SAS are those present on the Website on the day the Purchaser consults the Website.
OUATE SAS provides the greatest possible accuracy in the presentation and description of its Products on its Website. In the event of errors or omissions concerning the description of a Product, OUATE SAS’s liability is limited to the reimbursement of the standard return costs (Post Office rate) of the Article incurred by the Customer.
The photographs of the products are not contractual.
Some of the Product boxes are exclusively distributed on the Website.
OUATE bags are offered in the ordering process and allow customers to create their own sets with a mix of our Product(s). These bags are not suitable as gift wrapping for our prefabricated boxes.
c. Available stocks
Available-for-sale items are those listed on the Website within the limits of available stocks. In the event of unavailability of the Products after placing the order, the Purchaser will be informed as soon as possible by email. OUATE SAS will then proceed to the delivery of the Order without the Product concerned by this unavailability. The amount paid by the Purchaser for the said Product shall be refunded by OUATE SAS within twenty-five (25) days following this incomplete delivery.
The prices of the Products indicated on the Website are in euros or any other currency including all French taxes for orders in France and import fees for orders abroad (net of French VAT).
In case of discounts, these will be applied to the order in the Purchaser’s basket, if he meets the conditions to benefit from them and if he has correctly filled in the promotional codes.
The Purchaser’s contribution to the shipping costs amounts, according to the delivery terms, to:
• – Colissimo (Metropolitan France, including Corsica and Monaco): €6.50 per Order;
• – Colissimo Worldwide (EU): €13 per Order;
• – Colissimo Worldwide (Rest of the World): €26 per Order.
The amount of shipping costs is specified on the Website before the Order is validated.
For any Order of an amount of €40 or more, the above-mentioned contribution to shipping costs will not be applied to the Purchaser in the context of delivery in Metropolitan France including Corsica and Monaco.
If the country of delivery is not part of the European Union, customs duties may be charged to the recipient. OUATE SAS has no control over these costs, which are the sole responsibility of the Purchaser.
OUATE SAS reserves the right to modify prices at any time and without notice. The prices applicable to the Purchaser’s order will be those indicated on the Website at the time of validation of his order by the Purchaser.
Promotional offers are valid as long as they are announced on the www.ouate-paris.com Website and within the limit of available stock.
Please note that promotional offers do not apply to OUATE Gift Cards.
A OUATE gift bag is offered free of charge during the Order process and only within the limits of available stocks.
OUATE SAS has a secure payment system.
To pay for his order, the Purchaser has the following payment method: Credit card. (Visa, Master Card and American Express.) and PayPal.
If the Purchaser were to pay for his order with a credit/debit card which is not a French one, any commission or other cost related to the payment would be charged to the Purchaser by his bank.
Payments via PayPal are also accepted from €70.
Gift cards used after their expiry date are neither valid nor replaceable nor refundable by OUATE SAS.
The Purchaser guarantees OUATE SAS that it has the necessary authorizations to use the chosen payment method when paying for the order.
If the payment of a Buyer were to be rejected by the bank, OUATE SAS reserves the right to cancel the shipment of its order.
No banking information is stored on our server and OUATE SAS has no access to the Purchasers’ bank details: the data entry form is hosted directly by our partner, STRIPE.
The Purchaser will receive an email from OUATE SAS acknowledging receipt and summarizing the elements of the order he has placed, to the email address he has indicated.
The Purchaser’s Credit Card (or Paypal account) will be debited as soon as the bank confirms acceptance of the Purchaser’s payment.
The Products remain the property of OUATE SAS until full payment of the indicated price, including costs and taxes, and the legal ownership of the Product(s) will revert immediately to OUATE in the event of a refund of an order.
Orders are delivered to the delivery address indicated by the Purchaser at the time of his order on the Website, provided that the delivery information is correct.
Orders are delivered by Colissimo. Delivery times may vary depending on the country of destination of the package and the time of the Buyer’s order.
– European Union: within 7 days
– Rest of the world: 7 to 10 days depending on the country (UAE and HK within 7 days)
For information the following indicative deadlines are communicated by Colissimo.
Delivery times are in principle in working days (exceptions may nevertheless occur depending on the country of delivery, particularly within the European Union or internationally, outside the European Union: in such a case, the times are then in working days).
The package will be traceable on the Internet through the number and link that is sent by email after each order.
If the package arrives damaged or opened, the Purchaser must refuse the delivery by specifying the reason on the transport order, or accept it by affixing clear, precise and reasoned reservations on the transport order. Any delivery of parcels accepted without reservation on delivery will be deemed free of defects.
If delivery cannot nevertheless take place, or if the Purchaser refuses delivery, the package will be returned to OUATE SAS.
OUATE SAS cannot be held liable for the proper performance of Colissimo’s obligations insofar as the non-performance or improper performance of its own obligations towards the Purchaser is attributable to the latter or to an unforeseeable and insurmountable event of a third party to the distance sales contract concluded with the latter or to a case of force majeure (cf. art. L. 121-20-3 of the Consumer Code).
g. Returns and rights of withdrawal
The Purchaser benefits from a legal withdrawal period of up to fourteen (14) clear days from the date of receipt of the order, without having to justify a reason.
The Purchaser will be reimbursed by OUATE SAS for all the sums he had paid when placing the order for the Product(s) he returned, with the exception of the costs of returning them to OUATE SAS, which remain the responsibility of the Purchaser, except in the event of an incorrect or defective product.
We can accept returns and refund only the orders placed on the Website www.ouate-paris.com. Products purchased in a physical store or other distribution sites are subject to the return policies of the store or distribution site from which they were purchased and cannot be returned to us in accordance with these conditions.
If the Purchaser wishes to return Products, please note that these Products cannot be returned in exchange for the same item that is the subject of a different or improved promotional offer. We reserve the right to refuse any such returns.
Prior to the return of the Product(s) by the Purchaser, the latter must make a request for return by email to firstname.lastname@example.org
Please note that all items must be returned in their original condition.
Returned packages must be accompanied by a letter stating your name, first name, and order number. The return address is as follows:
Logistics Centre OUATE Return
195 rue Louis Breguet – 62100
Calais – France
It is advisable for the Purchaser to keep a proof provided by the postal services of the shipment of his package. In the event of non-receipt of the package by OUATE SAS, and without proof of its proper distribution by the postal services, the Company may not be held liable.
If the package is returned to OUATE SAS without being opened, the cost of returning it to OUATE SAS will be borne by the Purchaser, unless otherwise agreed by OUATE SAS.
IMPORTANT: For returns/exchanges from non-EU countries, the Purchaser must clearly indicate on the customs clearance consignment note that this is a non-commercial consignment with no market value, to avoid the payment of customs duty payable by OUATE SAS. In the case of an exchange, OUATE SAS will do the same to avoid a second payment of customs duties to be paid by the Purchaser.
The products are the responsibility of the buyer from the time of receipt of delivery. It is important that the Product(s) should be returned intact with the packaging.
OUATE SAS will not be able to accept returned products that have been used, unless the reason for the return is because the product is damaged or defective. In such circumstances, OUATE SAS will inform the Purchaser that no refund will be possible and the Purchaser must arrange for the return of these products within twenty-eight (28) days of notification by OUATE SAS.
The refund of the returned Product(s) will be made, by using the same means of payment as the one used when the order was placed, within a maximum period of twenty-five (25) days from the date of receipt by OUATE SAS of the returned package. Returns received by OUATE SAS that are not returned according to the procedures mentioned above may not be refunded by OUATE SAS.