1. PURPOSE

These general terms and conditions of sale (GTC) aim to define the rights and obligations of the company OUD. SOCIETY and its Users and Customers on the website www.oud-paris.com (hereinafter "the Site"). They apply exclusively between OUD. SOCIETY, a simplified joint-stock company with a capital of €10,000, registered under the unique number 825 400 765 RCS, whose registered office is located at 105 rue de Courcelles, 75017 Paris, France (hereinafter "OUD. PARIS") and any individual consumer visiting or making a purchase via the said Site (hereinafter "the Client").

On the Site, OUD. PARIS allows the Client to order OUD. PARIS brand products online (hereinafter "the Product(s)") according to these general conditions. Any order placed with OUD. PARIS therefore implies the Client's unreserved acceptance of these conditions. These general conditions may be modified at any time and without prior notice by OUD. PARIS, the applicable conditions being those in force on the date of the Client's order.

 

2. PRODUCTS AND COMPLIANCE

The Products offered for sale are presented on the OUD. PARIS website and are accompanied by the most complete possible product description.

The Products offered by OUD. PARIS comply with the standards applicable in France.

Elements such as photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Client acknowledges.

Consequently, OUD. PARIS cannot be held liable in the event of an error or omission in any of these elements or in the event of modification of said elements by suppliers and/or publishers.

 

3. CLIENT OBLIGATIONS

Any individual can create their customer account on the "Login > Create my account" page. To create an account, the client must fill out the form provided on this section of the site.

This account is strictly personal and allows for identification before each order. When creating the customer account, the Client declares to be at least 18 years old and to have the legal capacity or parental authorization to place an order on the Site. The Client also undertakes to provide OUD. PARIS with the real and necessary information for the performance of the service covered by these conditions, as requested online and depending on their situation, including their first name, last name, address, telephone number, and valid email address.

The Client is responsible for the consequences resulting from false or inaccurate information provided or whose use would be unlawful.

When creating the account, the client chooses an email and a personal and confidential password. If the client suspects fraudulent use of their account by a third party, they must notify OUD. PARIS as soon as possible to change the password and close their customer account.

The Client can modify their data via the "my account" section at any time.

OUD. PARIS may close an account and delete all personal data associated with that account if a client expressly requests it by email.

 

 

4. ORDER

Any order will only be validated after payment acceptance.

OUD. PARIS reserves the right to cancel or refuse an order in case of a dispute with the Client regarding a previous order.

OUD. PARIS can accept orders within the limits of available stock. It informs the Client of the availability of Products sold on the Site at the time of order confirmation.

If, despite OUD. PARIS's vigilance, Products are unavailable, OUD. PARIS will inform the Client by e-mail as soon as possible and will refund the missing item(s). The rest of the order will be shipped according to the procedure defined below.

The definitive or temporary unavailability cannot under any circumstances engage OUD. PARIS's liability, nor can it open any right to compensation or damages in favor of the Client.

 

 

5. PRICE

Prices displayed on the Site are in euros, all French taxes included (French VAT and other applicable taxes), excluding shipping costs.

Shipping costs will be indicated in the Client's cart before final order validation.

Prices may be modified at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is registered.

 

6. DELIVERY

OUD. PARIS delivers its Products in Metropolitan France, including Corsica, in Europe, and in countries outside the European Union.

Products are shipped with the delivery note to the delivery address indicated by the Client when placing their order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the website are indicative times, corresponding to average processing and delivery times. In order for these deadlines to be met, the Client must ensure that accurate and complete information concerning the delivery address has been provided (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

OUD. PARIS undertakes to inform the Client of the progress of their order processing.

In case of damaged packages (already opened, missing products, etc.), the Client undertakes to notify the carrier and OUD. PARIS, by any means, of all reservations within 10 days following receipt of the product.

 

7. PAYMENT

Full payment must be made at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Client pays for their order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article or via Paypal.

For any transaction, the Client will indicate the number on the front of their card, the expiration date of their card, and the cryptogram on the back of their card (last three digits).

The communication by the Client of their credit card number constitutes authorization for OUD. PARIS to debit their account for the amount of their order.

No cash on delivery shipments will be accepted, for any reason whatsoever.

OUD. PARIS retains ownership of the item until full payment of the price by the Client. Purchases are made securely. The payment solutions adopted by OUD. PARIS are 100% secure. For credit card payments (carte bleue, carte bleue visa and e-carte bleue), Ogone - Ingenico e-Payments is responsible for payment security. All information communicated by Clients to OUD. PARIS is strictly protected and guarantees the compliance and security of each transaction.

 

8. PRODUCT RETURNS - RIGHT OF WITHDRAWAL

Returns are at the customer's expense for all orders. 

You have a period of fifteen days following receipt of your order to inform us of your wish to return all or part of your order.

If this period normally expires on a Saturday, Sunday, or public holiday/non-working day, it is extended until the next working day.

If it is a delivery to a store or relay point (click and collect or Mondial Relay), the delivery date of the order taken into account is that of the product's arrival at the store or relay point, and not that of its receipt by the customer.

The return is at the Client's risk. The Product must be returned within fifteen (15) days in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return slip.

The returned Product will be exchanged upon receipt by OUD. PARIS.

If the Client does not comply with these conditions, particularly the return conditions, OUD. PARIS will not be able to exchange the Products concerned.

It is not possible to return a product purchased on the website to a store.

 

 

9. GUARANTEES AND LIABILITY

OUD. PARIS has, for all stages of site access, from the order process to parcel shipment or subsequent services, only an obligation of means. OUD. PARIS cannot be held liable for any inconvenience or damage inherent in the use of the internet network, including service interruption, external intrusion, or the presence of computer viruses, or any event qualified as force majeure, in accordance with law and jurisprudence.

 

 

10. INTELLECTUAL PROPERTY

Under no circumstances is the Client authorized to download or modify all or part of the Site and notably its content (listed products, descriptions, images, videos…).

This Site or any part of this Site must not be reproduced, copied, sold, or exploited for commercial reasons without the express written authorization of OUD. PARIS.

Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and exclusive property of OUD. PARIS.

The Client is therefore bound to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products, if applicable, or register any trademark that would prejudice the rights holder, unless otherwise stipulated in the contract.

The same applies to any other intellectual property right.

 

11. COMMERCIAL OFFERS AND NEWSLETTERS

OUD. PARIS may send its Clients marketing information related to the brand by mail, email, SMS, or phone, subject to prior consent. 

12. FORCE MAJEURE

In the event of a force majeure event, the party concerned must inform the other within fifteen (15) days from the occurrence of this event, by registered letter with acknowledgment of receipt.

Expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts, are total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failures, telecommunication blocks, including wired or wireless telecommunication networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.

If the force majeure event extends for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

 

13. GENERAL PROVISIONS

1. Partial invalidity of a clause

If any of the stipulations of these conditions is declared null or unenforceable by a competent jurisdiction, it shall be deemed unwritten and shall not entail the nullity of the other stipulations.

2. Update

These general conditions may be modified at any time and without prior notice by OUD. PARIS, the applicable conditions being those in force on the date of the order by the Client.

3. Applicable law – Competent court

These general conditions are subject to French law regarding both substantive and formal rules. Any dispute must first be subject to an amicable settlement attempt.

In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or third-party claims.

4. : Reproduction of applicable texts (Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code)

Art. L. 211-4. of the Consumer Code

The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out under their responsibility or was charged to them by the contract.

Art. L. 211-5. of the Consumer Code

- To conform to the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the Client in the form of a sample or model;

- present the qualities that a Client can legitimately expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labeling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the Client, brought to the seller's attention, and which the latter has accepted.

Art. L. 211-12. of the Consumer Code

The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the warranty against hidden defects of the sold item that render it unfit for the use for which it was intended, or that so diminish this use that the Client would not have acquired it, or would have given only a lesser price for it, had they known of them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory vices must be brought by the purchaser within two years from the discovery of the vice.