Terms of sale

General Terms and Conditions of Sale

Between Øje Society, 11 Allée de la Croix, 79300 Bressuire, France, registered with the Niort Trade and Companies Register under SIRET number 879 590 784, represented by Ms. Laurence Talon as President, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the website's homepage. Hereinafter referred to as the "Seller" or the "Company." On the one hand, And the natural or legal person purchasing products or services from the company, hereinafter referred to as the "Buyer" or "Customer." On the other hand, It has been stated and agreed as follows: PREAMBLE The Seller is the publisher of Products and Services: books, photographs, and any related unregulated products, intended for consumers, marketed through its websites (http://ojesociety.com). The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller. Our General Terms and Conditions of Sale were developed using a free, open-source template that can be downloaded from the website - https://www.donneespersonnelles.fr/

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services made through the Company's websites and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer, who accepted them before placing an order. The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://www.ojesociety.com/cgv. The Company also ensures that their acceptance is clear and unconditional by providing a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and, where applicable, the Specific Terms and Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Customer declares that they are able to enter into a legal contract under French law or that they validly represent the natural or legal person for whom they are engaging. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of products sold through the websites are indicated in euros, inclusive of all taxes (VAT + any other taxes) and are precisely determined on the Product description pages. They are also indicated in euros, inclusive of all taxes, on the product order page, and excluding specific shipping costs.

The Company reserves the right to modify its prices at any time for the future. Telecommunications costs required to access the Company's websites are the responsibility of the Customer. Delivery costs, if applicable, are also payable by the Customer.

 

Article 4: Conclusion of the Online Contract

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order: Information on the essential characteristics of the Product; – Choice of the Product, and its options, if applicable; – Indication of the Customer's essential contact information (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the order details (double-click formality) and, if necessary, correction of errors. Before confirming the order, the Buyer has the opportunity to check the details of their order, its price, and to correct any errors, or cancel their order. Confirmation of the order will constitute the formation of this contract. – Then, follow the payment instructions, payment for the products, and delivery of the order. The Customer will receive confirmation of payment by email, as well as an acknowledgment of receipt of the order confirming it. The language proposed for the conclusion of the contract is French. The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address: https://www.ojesociety.com/cgv. The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide true identification details. The Seller reserves the right to refuse the order, for example, due to any unusual request, made in bad faith, or for any legitimate reason.

 

Article 5: Products and Services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the product's usage instructions. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate process, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The product's sale price is the one in effect on the day the order is placed, excluding any additional shipping costs. These possible costs are indicated to the Buyer during the sales process and, in any event, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer confirms having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available stocks of Products only. Failing this, the Seller will inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the natural person signing the order. In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions comply with the requirements in force relating to the safety and health of people, fairness in commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects in the product. In accordance with Article L.217-4, the seller delivers goods that comply with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when this has been assigned to him by the contract or has been carried out under his responsibility. In accordance with legal provisions regarding conformity and hidden defects (Art. 1641 of the French Civil Code), the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested as follows: by sending an email to the following address: contact@ojesociety.com, returning the products in their original condition and complete (packaging, accessories, instructions, etc.), in a protective envelope, to the following address: 11 Allée de la Croix, 79300 Bressuire, France, and reimbursement of shipping costs, if applicable.

Article 6: Retention of Title Clause

The products remain the property of the Company until full payment of the price.

Article 7: Delivery Terms

Products are delivered to the delivery address indicated when ordering and within the specified timeframes. These delivery times do not take into account the order preparation time. In the event of a delivery delay, the Customer may terminate the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller will then refund the product and the outbound shipping costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that the Customer assumes physical possession of the products and assumes the risk of loss or damage. It is the Customer's responsibility to notify the carrier of any concerns regarding the delivered product.

Article 8: Availability and Presentation

If an item is unavailable for a period exceeding 7 business days, you will be immediately notified of the expected delivery time, and the order for this item may be canceled upon request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 9: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is handled by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transit over the Stripe network. Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated and the order canceled.

Article 10: Withdrawal Period

In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of their order. The right of withdrawal may be exercised by contacting the Company as follows: sending an email to the following address: contact@ojesociety.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for e-books or digital books. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with return shipping costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); they must, if possible, be accompanied by a copy of the proof of purchase.

Article 11: Warranties

In accordance with the law, the Seller provides the following warranties: conformity and guarantees relating to hidden defects in the products. The Seller will refund the buyer or exchange products that appear defective or do not correspond to the order placed. The refund request must be made as follows: send an email to the following address: contact@ojesociety.com. The Seller reminds the consumer that: – they have a period of 2 years from delivery of the goods to take action against the Seller – they can choose between replacement and repair of the goods, subject to the conditions set out in the aforementioned provisions. – they are exempt from providing proof of the lack of conformity of the goods during the six months following delivery of the goods. – that, except for used goods, this period will be extended to 24 months from March 18, 2016 – the consumer may also assert the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and, in this case, they can choose between cancellation of the sale or a reduction in the sale price (provisions of Article 1644 of the Civil Code).

Article 12: Complaints and Mediation

If necessary, the Buyer may submit any complaint by contacting the company using the following contact information: by email to the following address: contact@ojesociety.com or by post to the following address: 11 Allée de la Croix, 79300 Bressuire, France. In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that they may contact a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code. If the complaint request to the Seller's customer service department fails, or if there is no response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together with a view to reaching an amicable solution.

Article 13: Intellectual Property Rights

The trademarks, domain names, products, software, images, photographs, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 14: Force Majeure

The performance of the seller's obligations hereunder is suspended in the event of the occurrence of an unforeseeable event or force majeure that prevents its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 15: Nullity and Modification of the Contract

If any of the provisions of this contract are canceled, this nullity will not entail the nullity of the other provisions, which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

Article 16: Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing process for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: - the identity and contact details of the data controller and, where applicable, the data controller's representative: the Seller, as indicated at the top of these Terms and Conditions; - the legal basis for processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the data subject has the right to request from the data controller access to personal data, rectification or erasure of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without Otherwise, the order cannot be placed. No automated decision-making or profiling is implemented during the ordering process.

Article 17: Applicable Law and Clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. The invalidity of a contractual clause does not invalidate these general terms and conditions of sale.

Article 18: Consumer Information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by a warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them. Article 1648 of the Civil Code: An action resulting from latent defects must be brought by the buyer within two years of discovering the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code: The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.