Terms of sale

1. Preamble

The OUATE Company is pleased to find you on its website accessible at the following URL address: www.ouate-paris.com . This site (hereinafter "the Site") is the property of the OUATE Company, a simplified joint stock company with a single shareholder, with a capital of 10,000 euros, whose head office is located at the Le Touquet Airport Business Center, 62520 Le Touquet-Paris-Plage, FRANCE and registered in the Boulogne sur Mer trade and companies register under number 834 633 265. The director of publication and responsible for personal data is the Director of digital activities OUATE. Contact : contact@ouate-paris.com

 

1. Object

This merchant site is accessible via the Internet at the address www.ouate-paris.com (hereinafter referred to as the "Site") and is open to any user of this network (hereinafter referred to as the "Buyer").

These general conditions of sale (the "General Conditions") are concluded between OUATE SAS and any non-commercial natural person wishing to make a purchase on the Site (hereinafter the "Buyer") (hereinafter collectively referred to 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 Site is published and managed by the company OUATE, whose head office is located at OUATE, Center d'Affaires Aéroport Le Touquet 62520 Le Touquet-Paris-Plage, FRANCE

Any ordering on the Site requires prior consultation and full acceptance of these General Conditions, which can be viewed on the Site. The Parties therefore agree that their relations are governed by these General Conditions.

The Buyer acknowledges and accepts that the order recording systems are valid as to the existence, nature and proof of the order contract.

OUATE SAS reserves the right to adapt or modify these T & Cs at any time and without notice, the version applicable to any transaction being that appearing on the Site at the time of the Order. The General Conditions may under no circumstances be modified by the Purchaser.

If a condition of sale were to be lacking, it would be considered to be governed by the provisions in force in the distance selling sector, the companies of which are headquartered in France.

If one or more provisions of these General Conditions were rendered invalid in application of a French legal provision or a court decision, the other provisions will remain in force.

1. Orders
2. Buyer

Under French law, to be able to validly place an order on the Site:

- The Buyer declares to have read and accepted these General Conditions before confirming his order on the Site.

- The Buyer must be at least 18 years old and have legal capacity. The Buyer therefore declares that he has the capacity to enter into this contract and that he is not under supervision.

- When the Buyer transmits to OUATE SAS, via the Site, his contact details necessary for the delivery of the product (s) appearing on the Site, he must ensure the accuracy and completeness 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 product (s) ordered. Please note that PO Box numbers are not acceptable.

- The Buyer certifies that the purchases made on the Site are intended for personal use or as a gift only and will not be used for the purpose of resale, for commercial purposes or any other commercial advantage.

- The Buyer acknowledges that the amount of each order cannot exceed a ceiling of € 700 including tax, nor be made up of more than 3 times the same

1. Products

The OUATE brand products (the "Product (s)") offered for sale by OUATE SAS are those present on the Site on the day of consultation of the Site by the Buyer.

OUATE SAS provides the greatest possible accuracy in the presentation and description of its Products on its Site. In the event of errors or omissions relating to the description of a Product, OUATE SAS's liability is limited to reimbursement of the standard return costs (postage rate) of the Item incurred by the Customer.

The photographs of the products are not contractual.

Some of the Products are exclusively marketed on the Site.

OUATE packaging is offered in the ordering process and allows customers to create their own sets with a mixture of our Product (s). Due to their dimensions these packaging may not be suitable for our prefabricated boxes, it is up to the Buyer to verify the dimensions.

1. Available stocks

Items available for sale are those which appear on the Site within the limits of available stocks. In the event of unavailability of the Products after placing the order, the Buyer will be informed as soon as possible by e-mail.

The Customer will have the choice to be reimbursed for the amount corresponding to unavailable Products, or to be delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog).

1. Prices

The prices of the Products indicated on the Site are in euros or any other currencies, all French taxes included for orders in France and Europe, and any import costs for orders outside Europe (net of French VAT).

It is expressly stated that the amount of delivery costs may vary depending on the delivery territory of the Products, which the Customer expressly acknowledges and accepts.

In the event of discounts, these will be applied to the order in the Buyer's basket, if he meets the conditions to benefit from them and if he has correctly entered the promotional codes.

The Buyer's contribution to the shipping costs amounts according to the delivery terms to:

•    Colissimo (Metropolitan France, including Corsica and Monaco): € 6.50 per Order;

The amount of shipping costs is specified on the Site before validation of the Order, however, deliveries by air will be subject to specific invoicing.

For any Order of an amount equal to or greater than € 50, the participation in the shipping costs mentioned above will not be applied to the Purchaser in the context of a delivery in mainland 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 Buyer.

OUATE SAS reserves the right to modify prices at any time, and without notice. The prices applicable to the Buyer's order will be those indicated on the Site at the time of validation of his order by the Buyer.

Promotional offers are valid as long as they are advertised on the Site www.ouate-paris.com and within the limit of available stock.

Promotion codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with gift cards. Promotional codes can be used once per Customer account unless otherwise instructed by OUATE. These codes are not refundable during an exchange. These promotional codes do not apply to sample orders.

1. Payment

OUATE SAS has a secure payment system.  

To pay for his order, the Buyer has the following payment method: Credit card. (Visa, Master Card and American Express.) And PayPal.

If the Buyer were to pay for his order with a credit / debit card other than French, any commission or other cost related to the payment that would be invoiced to the Buyer would be charged by his bank and would not be the responsibility of OUATE SAS.

Gift cards used after their expiration date are not valid, replaceable, or refundable by OUATE SAS.  

The Buyer guarantees OUATE SAS that he has the necessary authorizations to use the chosen method of payment, when paying for the order.

If a Buyer's payment is rejected by the bank, OUATE SAS reserves the right to cancel the shipment of his order.

OUATE SAS reserves the right to suspend or cancel any order in the event of a payment incident, or non-payment of any amount due by the Buyer.

No banking information is kept on our server and OUATE SAS has no access to Buyers' bank details under any circumstances: the input form is hosted directly with our partner, STRIPE, 510 Townsend Street, San Francisco, CA 94103, USA .

As part of the fight against online fraud, OUATE SAS may have to communicate to the competent authorities certain information relating to the Buyer's orders.

The Buyer will receive an email from OUATE SAS acknowledging receipt and recapitulating the elements of the order he has placed, to the email address he has indicated.

The Buyer's Credit Card (or Paypal account) will be debited upon confirmation by the banking institution of the Buyer's acceptance of payment.

The Products remain the property of OUATE SAS until full payment of the price indicated, including costs and taxes. Legal ownership of the Product (s) will immediately revert to OUATE in the event of a refund of an order.

Delivery

Orders are delivered to the delivery address indicated by the Purchaser when ordering on the Site, provided that the delivery information is correct.

Orders are delivered by parcel post. Delivery times are given as an indication and are likely to 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.

The maximum delivery time is 30 days from the date of payment of the order. Beyond that, the Buyer can cancel the order and request a full refund (products and shipping costs).

Delivery times are generally understood to be working days (exceptions may nevertheless arise depending on the country of delivery, in particular within the European Union or internationally, outside the European Union: in such a case , the deadlines are then understood in working days).

The package will be traceable on the Internet thanks to the number and the link which is sent by email after each order.

If the package arrives damaged or opened, the Buyer must refuse delivery, specifying the reason on the transport voucher, or else accept it by making clear, precise and reasoned reservations on the transport voucher. Any parcel delivery accepted without reservation on delivery will be deemed to be free from defects.

If, despite everything, delivery could not take place, or if the Buyer refuses delivery, the package will be returned to OUATE SAS.

OUATE SAS can not be held responsible for the proper performance of Colissimo's obligations to the extent that the non-performance or the poor performance of its own obligations which would result from it towards the Buyer would be attributable to the latter or to an unforeseeable and insurmountable fact of a third party to the distance selling contract concluded with the latter or to a case of force majeure (cf. art. L.121-20-3 of the Consumer Code).

Returns and right of withdrawal

Return policy

The Buyer 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.

 

We can accept returns and reimburse only orders placed on the site www.ouate-paris.com. Products purchased from a physical store or other distributor sites are subject to the return policies of the store or distributor site from which they were purchased and may not be returned to us under these terms.

If the Buyer wishes to return Products, please note that these Products cannot be returned in exchange for the same item which is the subject of a different or improved promotional offer. We reserve the right to refuse all returns of this type.

Prior to the return of the Product (s) by the Purchaser, the latter must obligatorily submit a return request by email to contact@ouate-paris.com

Please note that all items must be returned in their original condition, as indicated below (return conditions)

Returned packages must be accompanied by a letter stating your name, first name, and order number. The return address is as follows:   

OUATE Logistics Center Back

LogVAD - Wadding
1 rue de la Couture
ZI Roubaix East
59115 LEERS
France

The Buyer is advised to keep 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 cannot be held liable.

According to the following cases:

- The package is returned in its entirety, the Buyer is reimbursed for the price of the package and any shipping costs (standard delivery rate), the return costs remain at his expense.

- The package is not returned in its entirety (the Buyer keeps one or more of the products ordered), the Buyer is reimbursed for the price of the returned product (s), the shipping costs possible are not reimbursed, the return costs remain at his expense.

- One (or more) product (s) are returned for proven lack of conformity, OUATE SAS undertakes, subject to verification of the lack of conformity, to reimburse the Purchaser for the product (s) , possible shipping and return costs.

IMPORTANT: For returns / exchanges from countries outside the EU, the Buyer must clearly indicate on the customs clearance packing slip that this is a non-commercial shipment with no market value, to avoid payment of duty customs at the expense of OUATE SAS. In the case of an exchange, OUATE SAS will do the same to avoid a second payment of customs duties payable by the Buyer.

Return conditions

The products are the responsibility of the buyer from receipt of delivery. It is important that the Product (s) returned intact with its original packaging, accessories and instructions.

OUATE SAS will not be able to accept returned products that have been used, unless the reason for the return is the fact that the product is damaged or defective. In such circumstances, OUATE SAS will inform the Buyer that no refund will be possible and the Buyer must organize the return of these products within twenty-eight (28) days of OUATE SAS 'notification.

Refund

The refund of the returned Product (s) will take place, using the same means of payment as that used when ordering, within a maximum period of fourteen (14) days from the date of receipt by OUATE SAS of the returned package. . Returns received by OUATE SAS which are not returned according to the procedures mentioned above may not be reimbursed by OUATE SAS.

General Conditions of Ordering OUATE samples

OUATE allows you to choose up to 3 samples of the brand.

Please log into your OUATE account before you can place your sample order. Please note that the same sample cannot be selected multiple times.

The shipping costs remain fixed at 4 euros regardless of the number of samples you order.

Promotional codes are not applicable against reimbursement of sample shipping costs.

Once you have placed your sample order, you will receive an order confirmation email.

When shipping your order you will receive a shipping email containing a voucher code with a value of € 4 shipping costs.

Your one-time voucher will be valid for 90 days from the date of receipt. This voucher cannot be used against reimbursement of shipping costs. Vouchers are not cumulative.

Sample deliveries take 3-7 days to arrive and will be sent without tracking.

1. Personal data

OUATE collects certain personal data from the Purchaser when an Order is placed or when a personal account is created by the Customer.

Some personal data is collected through cookies.

During the Order process, certain personal data must be entered by the Customer and collected by OUATE such as the name, first name, email address, postal address and telephone number of the Customer or of the person to whom the Customer wishes to deliver the Order. The same personal data is required when creating a personal account.

In addition, the Customer can create a personal account using the Facebook Connect interface. In this case, the Customer authorizes OUATE to collect the personal data contained in the public profile and the e-mail address associated with his Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts Facebook's general conditions of use. If you would like more information, you can view Facebook's terms and conditions via the following link: https://www.facebook.com/terms.

These personal data are automatically processed for the purposes of managing and processing the Order and OUATE's customer base, as well as for commercial prospecting, and for statistical purposes.

These personal data are transmitted to the logistics partners and payment partner of OUATE who contribute to the delivery of the Products and the making of the payments, solely for this purpose, which the Customer expressly recognizes and accepts.

As part of the online payment services used by OUATE (Stripe, PayPal, Apple Pay), these services collect certain personal data belonging to Customers on behalf of OUATE.

These are kept for the time necessary for the purposes for which they are collected and processed, namely for the completion of the Order placed by the Customer, with the exception of:

- a longer storage period is authorized or imposed by a legal or regulatory provision;

- the Client has exercised, under the conditions provided below, one of the rights recognized by law.

When the Customer has created a customer account on the online store, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from OUATE under the conditions described below.

Subject to Customer acceptance via checkboxes, the Customer's email address may also be used by OUATE for newsletter and promotional offers.

In the event that the Client no longer wishes to receive a newsletter and / or promotional offers, he has the possibility to modify his choice by contacting the Director of Digital Activities of OUATE at the following address: contact@ouate-paris.com under the conditions mentioned below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to OUATE employees subject to a confidentiality clause and authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties contractually bound to OUATE by contract for the performance of subcontracted tasks necessary for the management of the Order, without prior authorization from the Customer. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases stated above, OUATE undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Client, unless it is forced to do so for a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

In accordance with the applicable legal and regulatory provisions: amended law n ° 78-17 of 6 January 1978 relating to information technology, files and freedoms and European regulation n ° 2016/679 / EU of 27 April 2016, the User benefits a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.

He may thus require that personal data concerning him which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to OUATE's legal obligations. The User may also, under the right to portability of his personal data, recover those concerning him for his personal use, or request that it be transferred to a third party, if this is technically feasible. Each User can also oppose, for legitimate reasons, the processing of data concerning him, and request the limitation of data processing.

To exercise these rights, the User must send a request by email to contact@ouate-paris.com or by sending to the OUATE postal address, Business Center, Touquet Airport - Le Touquet Paris Plage 62550 France, indicating your name, first name, address, email address and proof of identity.

In the event of a security breach of the Site or loss of personal data relating to certain Users, OUATE will inform them by email in accordance with the applicable legal conditions. OUATE will take all necessary measures, within the limits of its human, material and financial resources, to remedy the flaw and ensure data security.

Users also have a right of complaint, which they can exercise with the national supervisory authority, namely the CNIL.

To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

In order to improve the User experience on its online store, OUATE sets up cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site.

The cookies installed by OUATE are deleted from the Customer's computer terminal after a period of 13 months.

The User can oppose their implementation and / or delete them by following the procedure indicated on his browser.

As such, OUATE collects the express consent of Users for the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulations on the Protection of Personal Data.

OUATE uses these cookies only to establish connection statistics as well as Users' browsing histories.

 

1. Intellectual property

All the industrial and / or intellectual property elements of the elements present on the Site (copyright and derivative rights, brands, models, designs, logos, etc.) are the exclusive property of OUATE SAS.

Any unauthorized reproduction and use of the aforementioned elements would constitute infringement and would expose its author to legal proceedings, in particular criminal proceedings.

 

1. Applicable law - Jurisdiction

Any dispute arising, directly or indirectly, between the Purchaser and OUATE SAS, on the occasion of the supply of the products offered for sale on the Site, will be exclusively subject to French law and will be the exclusive jurisdiction of the courts of the jurisdiction. of the OUATE SAS head office.

However, the Parties agree that they will make their best efforts to find an amicable solution to the dispute.

 

1. Language of the contract

It is expressly agreed between the Parties that the language of the contract is French.