General conditions of sale of the Ozre Groupe website, online discount in Paris
General conditions of reservation or sale
Version October 2024
These general conditions (“the GTC”) are intended to govern the relations between:
OZRE FOOD PACKAGING, orzefoodpackaging.fr, 0758551942, Limited liability company whose registered office is located at 5 AVENUE DU 8 MAI 1945 95200 SARCELLES, and registered with the RCS of Pontoise under number B 981 253 321, SIREN 981253321, NAF code 4669C, intra-community VAT FR95981253321 represented by KARABAS SUEMYRA
As part of its activity, the Professional benefits from professional liability insurance taken out with STELLO 21 Rue de Madrid 75008 PARIS SUPPORT@STELLO.EU Portfolio No. 201528084 ORIAS No. 17003064 covering Europe
Hereinafter referred to as the “Professional”
AND
The adult Internet user acting as a consumer who makes a reservation or places an order on the Website and who, by reserving or placing an order, acknowledges having read the general conditions below and having accepted them without restriction or reservation.
Hereinafter referred to as “the User” or “Client”.
Article 1 : Champs d’application
The T&Cs determine the rights and obligations of the parties in the context of the online reservation or online sale of products offered by the Professional in the product catalog of its website (hereinafter referred to as “Website”) accessible at the following address: www.ozreboutique.com
The reservation allows the Customer to ask the Professional to set aside a product, in order to come and see it in store and possibly purchase it. The reservation of a product does not guarantee that it will still be available at the time of the Customer's visit.
Placing an order allows the Customer to purchase a product or service from the Professional, and then choose to collect it from the address indicated by the Professional or to have it delivered.
The T&Cs applicable to each order or reservation are those in effect on the date of the reservation or on the date of online payment of the order. The Professional reserves the right to modify them at any time, by publishing a new version on the Website.
Article 2: Product information
The Professional presents on its Website the products for sale with the necessary characteristics which allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before placing a final order the essential characteristics of the products they wish to purchase.
The offers presented by the Professional are only valid while stocks last.
However, adding a product to the basket (before payment confirmation) or reserving it does not guarantee the availability of the product. In the event that a product becomes unavailable after the Customer has made a reservation, the Professional will inform the Customer immediately by email.
The Professional cannot be held responsible for non-performance of the contract due to any cases of force majeure.
Article 3: Price
Product prices are indicated in Euros and include all taxes. The prices charged are those in effect on the day the order is validated by the Customer.
The Professional reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices indicated when the order is registered.
If the Customer chooses to pay for his order via an online payment solution, the full payment must be made when ordering, unless a specific offer is indicated on the Website. At no time may the amounts paid be considered as a deposit or down payment.
In the absence of an online payment solution on the Website or when the Customer chooses to only reserve the products and possibly pay for their order on site, the online reservation will be without obligation to purchase and payment for the order will be made when collecting the order from the Professional.
Article 4: Reservation process (without online payment)
The Customer may order on the Website without creating a Customer Account. He must only provide his email address, a telephone number and his first and last name.
The Customer makes a reservation in several steps:
o The Customer fills his basket with the products he selects on the Professional's Website and then proceeds to validate his basket.
o The Customer views a summary of the information in their reservation allowing them to check it.
o The Customer acknowledges the T&Cs and accepts them by checking the associated box, then confirms the reservation by clicking on the “Confirm my reservation” icon.
o After confirming their reservation, the Customer receives, at the email address they provided during the ordering process, an order reservation confirmation message from the Professional.
o Once the order is made available to the Customer, the latter receives a message by email inviting him to go to the Professional to pay for and collect his order.
Article 5: Order process (with online payment)
The Customer can order on the site without creating a Customer Account. He must only provide his email address, a telephone number and his first and last name.
The Customer places the order in several stages:
o The Customer fills his basket with the products he selects on the Professional's Website and then proceeds to validate his basket.
o The Customer selects the delivery method from those available and will indicate the desired delivery address. He can also choose to collect his order from the Professional.
o The Customer chooses his payment method
If the Customer chooses to pay for his order upon collection, please refer to the article describing the Order Process without Online Payment. The order will then be considered a reservation without obligation to purchase and the availability of the products at the time of collection cannot be guaranteed.
Prior to payment, the Customer views a summary of the information in their order allowing them to check it.
The Customer acknowledges the T&Cs and accepts them by checking the associated box, then validates their order by clicking on the “Validate and pay” icon.
By clicking on the aforementioned icon, the Customer acknowledges having full legal capacity to commit to the General Terms and Conditions and acknowledges that placing the order entails payment thereof. The order will then become final.
After validating his order and making payment, the Customer receives, at the email address he provided during the ordering process, an order confirmation message from the Professional.
Article 6: Payment via an online payment solution
Payment of the full price of the order must take place after validation of the basket, which is equivalent to validation of the order.
To pay for his order, the Customer may use one of the solutions made available by the Professional.
Payment for the order may be made by credit card or via a Paypal account and more generally via any solution made available on the Website.
Generally speaking, when using an online payment solution, the general conditions of use of the solution concerned are added to these T&Cs.
Article 7: Payment on site (in the absence of use of the online payment solution)
When the Customer chooses to pay for their order on site, their order will be treated as an online reservation with no obligation to purchase. The Professional does not guarantee that the reserved product will remain available until the Customer's visit. The Customer nevertheless undertakes to inform the Professional in the event of cancellation of their reservation or visit.
The sale will be considered concluded in store. Payment of the full price of the order must take place when collecting the order from the Professional.
Article 8: Delivery
The products ordered (excluding Click & Collect) will be shipped to the delivery address provided by the Customer during the ordering process within 10 days.
Delivery is available to all destinations worldwide.
The amount of the delivery costs varies depending on the delivery method selected by the Customer. It is indicated including all taxes.
Delivery times following dispatch of the order vary depending on the delivery method chosen by the Customer during the ordering process.
The Customer will be informed by email of the shipment of the order. Each delivery is deemed to have been made upon the product being made available to the Customer.
Article 9: Withdrawal, Retention of title and transfer of risks
In the absence of a delivery service offered: the products ordered or reserved must be collected directly by the Customer at the address indicated on the Website by the Professional.
The products remain the property of the Professional until final validation of payment.
From the withdrawal of the order by the Customer or from the delivery of the order, the risks on the products are transferred to the Customer.
Article 10: Right of withdrawal In the event of an online reservation without obligation to purchase, the right of withdrawal is not applicable. In the event of online payment, this right of withdrawal may also be waived in certain very specific cases related to the nature of the contract.
When the Customer chooses to only reserve the products and possibly pay for their order on site, the sale is considered to have been concluded in store and the online reservation is not considered a distance sale. Also, the Customer does not have any right of withdrawal in such a case.
The Customer who has paid for his order online has a period of fourteen (14) calendar days from the day of collection of the product or its delivery to exercise his right of withdrawal. This right may be exercised by the Customer without having to justify reasons or pay penalties, with the exception of the costs of returning the goods which are his responsibility.
In accordance with the provisions of Article L 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:
o The provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
o The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
o Supply of goods made to the consumer's specifications or clearly personalized;
o Supply of goods liable to deteriorate or expire rapidly;
o Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
o Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
o Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
o Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
o The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
o Supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
o Concluded at a public auction;
o Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
o Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The Customer who wishes to withdraw must inform the Professional of his intention either by completing and returning to the Professional the standard withdrawal form appearing in Appendix 1 of these General Terms and Conditions or by sending an unambiguous declaration expressing his intention to withdraw within the period of 14 days.
The Customer must then return or send back the product(s) to the Professional's store or, where applicable, to the address communicated to him/her at his/her own cost and risk no later than 14 days following the communication of his/her decision to withdraw.
Any damaged, incomplete or missing product will not be exchanged or refunded and will be left with the Customer.
The refund will be made by the Professional within 14 days from the date of collection of the product in store or delivery to the Professional's address.
The Customer will be reimbursed on condition that the product(s):
o Be returned in their original packaging, in perfect condition for resale (not damaged, spoiled or soiled by the Customer), accompanied by all possible accessories, instructions for use and documentation with the original purchase invoice,
o Has clearly not been subject to sustainable use.
Article 11: Guarantees
Legal guarantees
For all products sold on its site, the Professional is liable for defects in conformity of the goods to the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Legal guarantee of conformity
It is recalled that when acting on the basis of the legal guarantee of conformity, the consumer:
- has a period of two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Guarantee against hidden defects
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Commercial guarantee. In this case, articles of the consumer code and the civil code must be reproduced in full in these general conditions. These articles are not included here.]
Article 12 : Service Clients
For any questions concerning a product, the customer has the right to contact the service by email: orzefoodpackaging@sfr.fr
Article 13: Protection of personal data
The data collected is only used to be able to process the Customer's order and to allow the Professional to manage its commercial relationship with the Customer:
• Before or at the time of collecting personal information, the Professional determines the purposes for which the information is collected.
• The Professional processes the Client’s personal data for the purpose of fulfilling the objectives specified above
• The Professional only keeps personal data for the time necessary to achieve these objectives.
• The Professional protects the Client's personal data by reasonable security measures, in particular against loss or theft, as well as against unauthorized access, disclosure, copying, use or modification.
• As data controller, the Professional may subcontract, under its full responsibility, all or part of the service relating to order taking.
The terms of processing of the Client's personal data by the Professional are specified in its Privacy Policy.
Article 14: Intellectual property rights
The brands, domain names, products, images, photographs, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Professional or their initial owner. No transfer of intellectual property rights is made via the T&Cs.
Article 15: Applicable law / Competent Court / Mediation
French law is applicable without excluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer from the corresponding country.
In the event of a dispute, the Customer is informed that he may resort to conventional mediation or any alternative method of dispute resolution.
In accordance with the provisions in force of the Consumer Code relating to the mediation of consumer disputes, the Professional offers the Client effective recourse to a consumer mediation system.
The Professional's mediator is STELLO In cases where the Professional is unable to resolve a dispute using its internal dispute resolution procedure or if the Client is not satisfied with the proposed solution and his complaint was made less than a year ago, the Client may address his complaint to the mediator by:
- by post to the address: 21 Rue de Madrid 75008 PARIS;
- electronically by clicking on www.orias.fr;
In all cases the Professional:
- will inform the Client of its inability to resolve the dispute between them, and
- will provide at that time the information required by law concerning its mediator, including its contact details, as set out above.
The Customer is also informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase by European consumers and then to forward the cases received to the competent national mediators:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the event of a dispute or complaint, the Customer will first contact the Professional or their Customer Service department to obtain an amicable solution.
The Customer may bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he or she resided at the time of conclusion of the contract or occurrence of the damaging event.
Appendix 1: Model Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of the professional, insert here his/her name, geographical address and, where available, his/her fax number and e-mail address: I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.