CONSUMERS – INTERNET (PRODUCTS)
ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by OCB LLP (« the Seller ») with consumers and non-professional buyers (« the Clients or the Client »), wishing to acquire the products offered for sale by the Seller (« the Products ») on your site.
They specifically detail the conditions of order, payment, delivery, and management of potential returns of Products ordered by the Clients.
These General Terms and Conditions of Sale may be supplemented by special conditions, stated on your website, before any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, notably those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at all times on your website and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the applicable version for the Client’s purchase is the one in effect on your website at the date of the order.
ARTICLE 2 – Products Offered for Sale
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on your website.
The Client must read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
The photographs and graphics presented on your site are not contractual and shall not engage the Seller’s responsibility.
The Client must refer to the description of each Product to be aware of its properties, essential characteristics, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and will be confirmed at the latest when the order is validated by the Client.
ARTICLE 3 – Duration of Product Offers
Product offers are valid within the limit of available stocks as specified when placing the order.
ARTICLE 4 – Seller’s Contact Information
The Seller’s contact details are as follows:
OCB LLP, 32 Kinburn Street SE16 6DW London, United Kingdom contact-france@ocb-llp.com
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) that came into force on May 25, 2018, the Client has the right, at any time, to access, rectify, oppose, erase, and port all of their personal data by writing, by mail and justifying their identity, to the Seller’s address mentioned above.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the required capacity to contract and acquire the Products offered by your site.
ARTICLE 5 – Orders
5-1. Placing the Order
The Client must select the Products they wish to order on your website, according to the following methods:
The Client can verify the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and immediately report or rectify any errors.
The registration of an order on your site is made when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general conditions of use of the site.
The sale is only final after the Seller sends the Client a confirmation of the acceptance of the order by email, which must be sent without delay and after full payment of the price by the Client.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the methods described above on your website, constitutes a contract concluded remotely between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can follow the progress of their order on your website in the « Order Tracking » section.
The Seller does not intend to sell the Products on your website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities, with more than 10 items.
5-2. Modification of the Order
Any modifications to the order by the Client can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by email to the following address: contact-france@ocb-llp.com to the Seller at least 2 days before the scheduled shipment date of the order.
If these modifications cannot be accepted by the Seller, any sums paid by the Client when placing the order will be refunded within a maximum of 15 days from the notification of the inability to accept the modifications requested by the Client (unless the Client prefers to receive a credit note or an exchange).
5-3. Cancellation of the Order
Orders can be canceled by the Client outside of exercising the right of withdrawal or force majeure « Number of withdrawal days » days before the scheduled date for the supply of the ordered Products, without costs for the Client.
In the event of cancellation of the order by the Client after its acceptance by the Seller less than 3 days before the scheduled date for the supply of the ordered Products, for any reason other than exercising the right of withdrawal or force majeure, the deposit paid at the time of the order, as defined in the article « Payment Terms » of these General Terms and Conditions of Sale, will be fully retained by the Seller and cannot give rise to any refund.
ARTICLE 6 – Prices
The Products are supplied at the prices in effect on your site at the time of the order registration by the Seller. Prices are expressed in Euros, including taxes.
The prices take into account any discounts that may be granted by the Seller on your site.
These prices are firm and non-revisable during their validity period as indicated on your site, with the Seller reserving the right, outside this period of validity, to modify prices at any time. They include processing, shipping, transportation, and delivery costs.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 – Payment Terms
The price is payable in full on the day the order is placed by the Client, the order is shipped by the Seller, and the Products ordered are delivered, by secure payment, using the following methods:
- By credit cards: Credit Card, Visa, MasterCard, American Express, Maestro
- PayPal
- By phone: Apple Pay, Shop Pay, Google Pay
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Client can request the cancellation of the payment and the return of the corresponding sums.
ARTICLE 8 – Deliveries
The Products ordered by the Client will be delivered in mainland France and internationally within 8 to 18 days from the shipment of the order the shipping time indicated on the Product sheet, plus the processing and delivery time – to the address indicated by the Client when placing their order on your site.
Delivery consists of the transfer to the Client of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one shipment.
The Seller undertakes to make every effort to deliver the Products ordered by the Client within the time limits specified above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be canceled at the written request of the Client under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Client will then be refunded at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In case of non-compliance of the delivered Product, the Seller undertakes to remedy it or to refund the Client, as indicated in article – « Seller’s Responsibility – Guarantee ».
The Seller assumes the risks of transport and is required to refund the Client in case of damage caused during transport.
Deliveries are made by an independent carrier to the address mentioned by the Client when placing the order and which the carrier can easily access.
ARTICLE 9 – Transfer of Ownership – Transfer of Risks
The transfer of ownership of the Seller’s Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only occur when the Client takes physical possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 10 – Right of Withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at most following the notification of the Client’s decision to withdraw) from the notification to the Seller of the Client’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their remarketing as new, accompanied by the purchase invoice.
Products that are damaged, soiled, or incomplete are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on your website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous declaration expressing the wish to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Client.
The refund will be made within fourteen days (at most 14 days) from the notification to the Seller of the Client’s decision to withdraw.
ARTICLE 11 – Seller’s Responsibility – Guarantee
The Products sold on your site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- from the legal guarantee of conformity, for Products apparently defective, damaged, or damaged or not corresponding to the order,
- from the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the products delivered and making them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Client:
- Has a period of two years from the delivery of the good to act against the Seller;
- May choose between the repair or replacement of the Product ordered, 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 Product’s lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Client may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, they can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In fact, article L.217-3 of the Consumer Code provides: « The seller delivers a good that complies with the contract as well as with the criteria set out in article L.217-5. They are liable for defects in conformity existing at the time of delivery of the good within the meaning of article L. 216-1, which appear within a period of two years from delivery. »
The Seller will refund or replace Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of receipts.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within the « Refund period » days following the Seller’s finding of the lack of conformity or hidden defect.
The refund will be made by crediting the Client’s bank account.
The Seller’s liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Client to verify,
- In case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as in the case of normal wear and tear of the Product, accident, or force majeure.
The Seller’s guarantee is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 12 – Protection of Personal Data
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client is necessary for the processing of their order and the preparation of invoices, among others.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the WEBSITE complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information concerning them.
This right can be exercised under the conditions and according to the methods defined on your website.
ARTICLE 13 – Intellectual Property
The content of your site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 14 – Unforeseeability
These G.T.C expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all sales of the Seller’s Products to the Client. The Seller and the Client therefore each renounce invoking the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided for therein, agreeing to fulfill their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences.
ARTICLE 15 – Force Majeure
The Parties cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described in these terms and conditions, results from a case of force majeure, as defined by article 1218 of the Civil Code.
ARTICLE 16 – Applicable Law – Language
These General Terms and Conditions of Sale and the operations resulting therefrom are governed by French law.
They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in case of dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences, and repercussions, and which could not be resolved between the seller and the client, will be submitted to the competent courts under the conditions of common law.
The Client is informed that they can in any case resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.
ARTICLE 18 – Pre-contractual Information – Client Acceptance
The fact that a natural (or legal) person orders on your site implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.
ANNEX 1 – Provisions related to legal guarantees
Article L217-4 of the Consumer Code
The seller is required to deliver a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when the latter has been charged to them by the contract or has been carried out under their responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect considering the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the conformity defect is prescribed by two years from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted to them during the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or the provision for repair of the good in question if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the use for which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price if they had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ANNEX 2 – Withdrawal Form
This form should be completed and returned only if the Client wishes to withdraw from the order placed on your site, except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To: your WEBSITE by email: contact@allaitopmaternity.com
Order Date: “Date” Order Number: ………………………………………………….. Client Name: ………………………………………………………………… Client Address: …………………………………………………………….. Client Signature (only if this form is notified on paper):
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