General Conditions of Sale
General conditions of sale
Article 1 – Purpose
These conditions govern sales by Odile Laresche on odilelaresche.com
Each product is the subject of a description and photographs which are intended to be as faithful as possible, but which cannot guarantee a perfect similarity with the product, particularly with regard to colors. Photographs and texts therefore have only an indicative value and cannot enter into the contractual field.
Article 2 – Price
The prices of our products are indicated in euros, excluding VAT (art. 293 B of the General Tax Code) and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Odile Laresche. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
Odile Laresche reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in effect at the time of validation of the order and subject to availability.
The products remain the property of the seller Odile Laresche until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
Article 3 – Payment terms
The customer has the option to pay by credit card via the secure online payment system Paypal. It is not necessary to open a Paypal account. In this case, when paying, the customer is redirected to the dedicated Paypal page where he will have to enter the data linked to his credit card. In the case where the customer already has a Paypal account, the customer will be automatically redirected to the Paypal site, he will then only have to identify himself and confirm the payment. bearly-n.com declines all responsibility and can in no case be held responsible for disputes between the buyer and the secure payment site Paypal. Any complaint will be made to Paypal.
In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid and the delivery costs in the form of an invoice attached to the package. For any shipment outside mainland France, any customs fees or local taxes remain the sole responsibility of the recipient. The sales prices may be modified at any time by the manager of odilelaresche.com. These modifications will be posted on the site.
Article 4 – Validation of your order
Any order placed on the odilelaresche.com website implies acceptance of these General Conditions. Any order confirmation implies your full acceptance of these general conditions of sale, without exception or reservation.
All data provided and the recorded confirmation will constitute proof of the transaction.
You declare that you are fully aware of this.
The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be sent to you in PDF format via the email address confirming your order.
Article 5 – Payment
By validating your order, you are obligated to pay the price indicated.
The card will only be debited when the order is shipped. In the event of split deliveries, only the products shipped will be debited.
Article 6 – Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to provide reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, you are liable. Any damage suffered by the product on this occasion may be such as to invalidate the right of withdrawal.
Return costs are your responsibility.
In the event of exercising the right of withdrawal, Odile Laresche will reimburse the sums paid, within 14 days following notification of your request and via the same means of payment as that used when ordering.
Any return request must be reported in advance by the customer either by email or by the contact form provided. Please note that any product that has been used by the customer, is incomplete, damaged or whose packaging is damaged, will not be taken back, exchanged or refunded. The return costs remain the responsibility of the customer who is responsible for the conditions of return of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully performed before the end of the withdrawal period and the performance of which began after the consumer's express prior agreement and express waiver of his right of withdrawal.
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.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods liable to deteriorate or expire rapidly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
The 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.
The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to such publications.
Transactions concluded at a public auction.
The supply of digital content not supplied on a tangible medium, the execution of which has begun after the consumer's express prior consent and express waiver of his right of withdrawal.
Article 7- Availability
Our products are offered as long as they are visible on the odilelaresche.com website and in single copies. Consequently, Odile Laresche reserves the right to refuse orders for 2 identical items. In the event of product unavailability after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.
Article 8 – Delivery
The products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page.
In the event of a shipping delay, an email will be sent to you to inform you of any possible impact on the delivery time indicated to you.
In accordance with legal provisions, in the event of a delay in delivery, you have the option of canceling the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will refund it and cover the shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, Odile Laresche cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several proposed appointments.
Article 9 – Warranty
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by email or post within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be refunded to you on the basis of the invoiced rate and the return costs will be refunded to you upon presentation of supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 – Liability
The products offered comply with current French legislation. Odile Laresche cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, Odile Laresche cannot be held responsible for damage resulting from improper use of the product purchased.
Finally, Odile Laresche cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 11 – Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 – Intellectual property
All elements of the site odilelaresche.com are and remain the intellectual and exclusive property of Odile Laresche. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of Odile Laresche.
Article 13 – Personal data
Odile Laresche reserves the right to collect personal information and data about you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also retained for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and data concerning you, directly on the website.
Article 14 – Archiving Proof
Odile Laresche will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of Odile Laresche will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
The store reserves the right to cancel an order if it suspects identity fraud, email multiplication or attempted abuse.
"In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond"