GENERAL TERMS OF SALE updated on April 28 th, 2020
Article 1 – Scope
The present general terms of sale aim to manage the relationship between the Olivia C. Company and its clients, adult natural persons. The following terms are valid for the online sale of articles and products commercialized by Olivia C. and executed through the company’s Internet website www.oliviaclergue.com. By purchasing on the Olivia C. company’s website www.oliviaclergue.com, the customers are entirely and irrevocably accepting these general terms of sale. The terms are likely to be modified and updated without prior notice. The applicable conditions to the order of a customer are those in effect at the day of the purchase.
Assuming that one of the clauses in the present general terms of sale would be null and void by a change in legislation, regulation or by a court ruling, that will not, by any means, affect the validity and following of these general terms of sale nor will it question the validity of the other dispositions, which will still apply. Prior to the order placement and to the conclusion of the contract, the buyer acknowledges having been notified of the general terms and conditions and of all the information listed in the article L 221-5 of the French Consumer Code.
Article 2 – Presentation of the Olivia C. Company
The Olivia C. Company is a S.A.R.L with a capital of 6.000€. It is registered at the RCS of Paris Under the nº 507 382 240 and its registered office is located at 25, rue Jussieu 75005 Paris.
Article 3 – Information related to the items
The Olivia C. Company will not be held responsible for the non-substantial mistakes that might affect the characteristics shown at www.oliviaclergue.com. The photographs and other reproductions of the articles shown at www.oliviaclergue.com are provided for information purposes only and have no contract value.
Article 4 – Ordering Conditions
Order taking at www.oliviaclergue.com is subject to the following of the consecutive registering steps.
To place an order on the website the client needs to have legal capacity, and to own a Visa – Eurocard – MasterCard credit card, an American Express card or a Paypal account. The Olivia C. Company will not be held responsible for eventual damage inherent in the use of the Internet network (signal breakdown, connection failure, external intrusion, presence of computer viruses) or in case of absolute necessity.
Article 5 – Availability of items
Orders will be taken within the limit of available stocks, which the customer will be informed of, either at the moment of his order, by the Customer Service or by a notice displayed on the website itself. If an article becomes unavailable after the order has been placed, the Olivia C. Company will inform the Customer by email as quickly as possible and will refund the price invoiced on the customer’s account.
Article 6 – Order taking by the Olivia C. Company
For all exceptional orders (quantity and/or price), customers are welcome to contact our Customer Service by email: firstname.lastname@example.org, or by telephone: +33 (06) 72 73 54 92. The Olivia C. Company maintains the right to refuse all orders made by a customer with whom there would be a dispute related to the payment of a previous order. In case the order does not comply with the present general terms of sale, the customer will be informed by the Olivia C. Company within six (6) days by telephone or by email. In the absence of a procedure from the customers to obtain the compliance of their order, the Olivia C. Company holds the right to cancel the order without further notice.
Article 7 – Agreement on proof
Emails will prevail between parties, as well as the automatic backups used by the Olivia C. Company, in particular regarding the date and nature of the purchase.
Article 8 – Prices
The prices shown on www.oliviaclergue.com are indicated in Euros, they are tax inclusive but do not include shipping. The invoiced prices are always the applicable prices at the date of the order.
The amount of the shipping costs will be displayed in the shopping basket as soon as the customer confirms a purchase. The client will receive upon delivery a detailed written confirmation of the total amount that was paid. If an order is to be sent to a country other than France, the client remains the importer (or the intra-community buyer) of the concerned items. As such, any customs duties, local taxes, import duties or any charges likely to be required are under the customer’s responsibility.
Article 9. Payment conditions
The settlement of the purchases will be done by all credit cards, as well as Visa, Eurocard, MasterCard and by American Express card or by Paypal. The cards issued by banks domiciled elsewhere than in France must necessarily be international credit cards. Moreover, the customers engage themselves to proceed to payment via a credit card of which they are the actual holders and which mentions their identity (surname and name). By transmitting their credit card number and/or their bank account ID, the customers agree in advance and without conditions to the secured transaction executed by the Olivia C. Company.
Therefore, all customers give beforehand their approval to the debit their bank will make on their account in view of the records or statements transmitted by the Olivia C. Company, even in the absence of a hand signed invoice from the credit card’s holder. The debit authorization on the customer’s account is always given by the total amount of the item(s) purchased, as invoiced by the Olivia C. Company. The debit of the customer’s credit card will occur within six (6) days after verification of the order’s compliance with the present general terms of sale and availability of the item(s). If the debit of the sum owed by the customer cannot be carried out (by refusal from the card issuer or by remote cancelation from the bank and/or customer), the order will not be registered by the Olivia C. Company.
Article 10 – Transaction security
The Olivia C. Company uses the Paybox payment platform. Paybox is a secured online payment platform that encrypts all payment data and information. The Olivia C. Company does not keep any credit card number. The Olivia C. Company has chosen Paybox and its secured payment interface. At the moment of payment, the customer will automatically be taken to the Paybox payment platform.
The customers will then transmit their account ID in safety, since the data is encrypted by the PCI-DSS (Payment Card Industry Data Security Standard).
Article 11 – Delivery
Olivia C. will ship the articles only after the payment of the order has been received. Orders are shipped by FEDEX, DHL, UPS, COLISSIMO, DPD or CHRONOPOST to the delivery address indicated by the customer. As an indication, the delivery times are as follows: Metropolitan France (2 to 6 working days) - Europe and rest of the world (1 to 4 working days). These delivery times are given as an indication only and depend on third party service providers. Olivia C. may not be held responsible in case of any delivery delay.
The customer's signature is no longer required at present. Any unsuccessful delivery (missing or wrong address, building, code, stair, name etc.) will lead to an additional delay in processing the order and reshipment. Shipping costs are calculated according to the place of delivery of the weight and total volume of the items ordered, in order to ensure you the fairest fee. In case of a delivery elsewhere than on French territory, the customer is liable to any charge or fee (customs duties, local taxes, etc.) imposed by regulation from the local authorities.
Article 12 – Personal Data
It must be reminded that the Olivia C. Company collects personal data at every order.
This data is necessary to the processing of the order and will be partly or entirely forwarded to the company’s contractual partners in charge of the execution of the order. Customers are informed that the same personal data is also collected by the organization in charge of the management of orders and payments, as well as the fight against credit card fraud. The user is informed that this automatic data processing has been declared to the CNIL on the 22/09/10 under the nº1453752. In accordance with the “Computer and Liberties Law” from January 6th 1978, all customers have the right to access, modify, rectify, object and suppress all personal data that concerns them. The client can exert this right by sending a letter to the following address: Olivia Clergue, SARL Olivia C. 25, rue Jussieu 75005 Paris.
Article 13 – Right of retraction and items return
In accordance with the provision of the article L.122-1 of the French Consumer Code, the customer can count on a right of retraction, which he can exercise, without any explanations, within fourteen (14) clear days upon receipt of the order and thirty (30) days during the duration of the lockdown related to the current health crisis. Within this framework, customers are entitled to send back all items delivered in that lapse of time. The items must return in their original packaging, unused and complete (accessories, notice, warranty…) with a joint copy of the invoice, sent to : Olivia Clergue, 6, rue du Parc Royal 75003 Paris, France. The buyer will in any case assume the return fees.
The refund of the invoiced price for the returned items will be done by bank transfer or Paypal, thirty days at the latest after the reception of the items by the company. All articles judged to have lost commercial value will not be exchanged or refunded.
Article 14 – Guarantee of conformity
The items sold online by the Olivia C. Company are submitted to the legal guarantee conditions stipulated by the articles L.217-4 and the following of the French Consumer Code, as well as articles 1641 and the following of the French Civil Code. In case of the implementation of the legal warranty of conformity, it is reminded that:
– The buyer is granted a delay of two years as of the delivery of the item(s) to act.
– Subject to cost conditions provided under the article L 217-17 of the French Consumer Code, the buyer can choose between repairing or replacing his item.
– The buyer is dispensed with presenting the proof of an incidence of non-compliance of the item during the 24 months following the date of the delivery.
Article 15 – Claims
For all information, claims or questions related to the conditions of mail ordering put together by the Olivia C. Company, customers can get in touch with the Olivia C. Customer Service, either by mail, to the following address: Olivia Clergue, 6, rue du Parc Royal 75003 Paris, France ou par e-mail : email@example.com mentioning in both cases the reference and the date of the purchase.
Regarding online sales, no claims will be taken into consideration in store. Only the claims regarding the online purchases –via the Olivia C. website- will be taken into consideration.
Article 16 – Intellectual Property Rights
The present Internet website remains an exclusive property of the Olivia C. Company, which has created and put online the web pages, images, script sources and basic data that compose the website.
Therefore, the customer is not allowed to reproduce or diffuse, or create a link to the website, partly or entirely, in any possible way.
Article 17 – Force Majeure
The execution of some or a part of the Olivia C. Company’s obligations will be suspended at the incidence of a fortuitous or ‘force majeure’ case that would disturb or delay them.
The Olivia C. Company will inform the customer of such fortuitous or ‘force majeure’ case within seven days of its incidence. In case the suspension carries on after a lapse of fifteen days, the customer will then have the option to cancel the ongoing order.
Article 18 – Mediation
In the case of a dispute, the buyer may use a free mediation with la Fédération du commerce et de la distribution on https://mediateur.fcd.fr/
Article 19 – Disputes – Applicable Law
The present general terms of sale are subject to the French Law. In the event of a dispute, only the French version of the general terms of sale will represent evidence between the parties. All disputes resulting from an interpretation or execution of the present general terms of sale will be submitted to the exclusive competence of the French Tribunals.