1 – GENERAL PROVISIONS
1.1 These general terms of sale (“GTS”) apply to the sale of all products (“Products”) manufactured and/or marketed by SCA DES ELEVEURS D’ORYLAG (“ORYLAG”) to a customer for his personal needs (“Customer”) made on the website www.eboutique.caressedorylag.com (Website). The application of these GTS is expressly excluded for professionals.
1.2 Any order for Products entails the Customer’s full, irreversible and unreserved acceptance of the GTS.
1.3 ORYLAG reserves the right to modify the GTS. Only the GTS in force on the day of the order validation apply.
2 – PRODUCTS
2.1 Products are offered within the limits of available stocks. In case of out of stock or unavailability of the Products, the responsibility of ORYLAG cannot be engaged. ORYLAG informs the Customer by email as soon as possible, who may choose to wait for replenishment or cancel the order. If he chooses to cancel his order, ORYLAG will refund within 14 working days.
2.2 The main characteristics of the Products are detailed in the product descriptions and sheets available on the Website. The Products being handmade, the Customer recognizes that there may be differences between the visuals of the Website and the Products (in particular fur tints), this in no way constituting a non-conformity likely to engage the responsibility of Orylag.
2.3 The Customer is informed of the normal conditions of use of the Products detailed in the instructions for use attached to each Product and also reproduced below:
It is not recommended to entrust the Products to very young children. There may be a risk of hair ingestion. Exposure near a heat source and the application of perfume are strongly discouraged. Cleaning must be done by a fur professional.
3 – ORDER VALIDATION PROCESS
Step 1: the Customer adds the Products to the basket. The basket is accessible at any time for modification and / or validation
Step 2: the Customer checks the details of his basket and validates it
Step 3: the Customer chooses the delivery method; he is informed of the areas covered, restrictions, deadlines and delivery costs
Step 4: the Customer reads and accepts without reservation the GTS by a mechanism of “checkbox”
Step 5: the Customer chooses if he wishes to receive the newsletters by a mechanism of “checkbox”
Step 6: the Customer chooses his method of payment then is redirected to a secure payment site
Step 7: the Customer receives an order confirmation by email with the GTS as an attachment
Step 8: ORYLAG sends the Customer an email informing him of the dispatch of his order with the tracking number of the parcel.
4 – PRICES
4.1 The selling prices are those indicated on the Site during the purchase. They are expressed in euros including VAT, and exclude shipping costs.
4.2 The selling prices do not include local customs duties, import taxes, taxes and customs brokerage fees. In fact, for certain destinations, upon arrival at the border of your country the contents of the order may be subject to customs duties (which may include taxes, duties, management fees, remuneration of customs brokers, etc.), the payment of which is at the expense of the Customer, as the recipient of the order. ORYLAG does not have the ability to calculate these customs duties in advance, therefore the Customer is advised to contact the relevant local authorities or the local customs office for detailed information before placing the order.
4.2 ORYLAG reserves the right to modify its prices at any time; the modifications do not apply to orders in progress.
5 – DELIVERIES
5.1 The Customer is informed before the order confirmation of the delivery terms: covered areas, deadlines and delivery costs.
5.2 For deliveries abroad, all taxes, duties and charges originating outside France and European Union will be borne by the Customer.
6 – RIGHT OF WITHDRAWAL
6.1 The Customer has 14 clear days following the date of receipt of the Products to exercise his right of withdrawal.
6.2 The withdrawal form is available on the Site. An acknowledgment of receipt of the withdrawal is sent to the Customer by email.
6.3 The Customer must return the Products with a copy of the order confirmation email and acknowledgment of receipt of its withdrawal to: SCA DES ELEVEURS D’ORYLAG, ZI de la Métairie, Allée de la Baratte, F- 17700 Surgères, France, within 14 clear days of the notification of withdrawal. The return costs are his responsibility. It is up to him to take the proof of this return. As the Customer is responsible for the shipment and possible losses of returned Products, it is advisable to use a carrier with delivery tracking.
6.4 Products returned, to be taken back by ORYLAG, must be new, unused, undamaged, in their original packaging with the accessories and instructions for use provided.
6.5 The Customer is reimbursed for the entirety of his order within 14 clear days from the date of receipt of the Products by ORYLAG on the bank account corresponding to the credit card used for payment.
7 – WARRANTY
7.1 The Products are guaranteed against any lack of conformity and hidden defects under the conditions provided by the Consumer Code and the Civil Code(articles 1604 and 1641 of the French civil code). The guarantees are granted exclusively to the Customer and are not transferable.
7.2 ORYLAG does not offer any additional commercial guarantee.
7.3 Any complaint must be sent to ORYLAG by email at firstname.lastname@example.org and mentions the Customer’s postal and telephone numbers, the order number and a detailed description of the Product’s defect, with photos if applicable. The Customer is then contacted by ORYLAG. No Product may be returned to ORYLAG without its prior written permission.
7.4 No warranty applies in case of improper use of the Products (particularly in case of non-compliance with the instructions for use provided with the Products).
7.5 ORYLAG cannot be held liable for consequential or non-material damage or damage related to non-compliance with the customer’s needs. ORYLAG is not liable for any loss of profit or for costs arising from the use or inability of the Customer to use the Product.
8 – INTELLECTUAL PROPERTY
ORYLAG is the sole owner of all intellectual property rights relating to the trademarks, trade names, logos, visuals and descriptions of the Products and the Site, for the whole world. Any redistribution, reproduction or total or partial marketing, in any form whatsoever, is strictly prohibited.
9 – PERSONAL DATA
9.1 The processing of the personal data collected via the Site meets the legal requirements for the protection of personal data. The information system used ensures optimum protection of this data.
9.2 ORYLAG can communicate the Customer’s details to its partners, including the carrier to ensure the delivery of the Products. However, ORYLAG cannot transfer the Customer’s data to third parties for the purpose of commercial prospection without its agreement.
9.3 The Customer has a right of access, rectification and opposition that can be exercised at any time by email at email@example.com.
10 – GOVERNING LAW – DISPUTES
10.1 These GTS are governed and construed in accordance with French law.
10.2 If any of the provisions of these GTS is canceled, the other provisions will remain in force.
10.3 In case of complaint, the Customer sends a registered letter with acknowledgment of receipt to the address indicated in the header of the GTS detailing the breach alleged to ORYLAG.
10.4 In accordance with Regulation EC 593/2008 of 17 June 2008, these GTS shall not preclude compliance on the part of ORYLAG with a provision that is more favorable to the Customer, and which shall apply in full by agreement, under the law where the customer has their habitual residence.
10.5 In the event of a dispute related to fulfillment of an order, the Customer may have recourse to a conventional mediation procedure or to any other alternative procedure for settlement of a dispute.
10.6 If the complaint is about a product, our website or anything else, the Customer must use the customer service phone number or email address, available on the contact us page of the website. The Customer may also be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
Notwithstanding the above, in the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:
– the Customer may file a claim either before the courts where he is domiciled, or before the French courts,
– ORYLAG may file a claim before the courts where the Customer is domiciled.
10.7 In the event of failure of the mediation procedure, any dispute relating to the formation, the execution and the interpretation of the present GTS will be the exclusive competence of the competent French jurisdiction, even in the event of a warranty claim or multiple defendants.