Terms of sale
We invite you to read carefully the present general conditions of sale which govern the sales of our Products available on the Site. The Site does not allow the purchase of Products for resale.
For the purposes of these Terms and Conditions, it is agreed that the term "You" or "Buyer" refers to the person browsing the Site and/or ordering Products from the website, and the term "Ott" or "Seller" refers to the company identified in the legal notice below.
Buyer and Seller shall be collectively referred to as the " Entities " and individually as a " Entity ".
URL : https://ott-design.com/
Publisher : Shopify
Seller: Ott Design
Registration number : 92014828500017
Head office address : 132 rue Saint-Genes 33000 Bordeaux FRANCE
Intracommunity VAT number : FR49920148285
Customer service : firstname.lastname@example.org
Director of the Publication : Marion QUILICHINI
Server : OVH
SECTION 1 - PURPOSE
The General Terms and Conditions and all sales made on the website are concluded between a natural or legal person wishing to make a purchase for his/her own personal use via the website and Ott.
The General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the website and will prevail, if necessary, over any other version or any other contradictory document.
The Buyer declares that he/she has read the GTC and has accepted them as soon as he/she has, by clicking, validated his/her order on the website. Acceptance of the GTCs assumes that the Purchaser is of legal age and has the legal capacity to do so, or, failing that, that he/she obtains the authorization of a guardian or curator if he/she is incapable.
SECTION 2 - PRODUCTS
2.1 Presentation and description of Products
In the context of these GTC, "Products" (in the singular as well as in the plural) refer to the textile and embroidery creations made by Ott and available for sale on the website.
The Products are described and presented on the website with the greatest possible accuracy. However, Ott cannot be held responsible for any errors or omissions in this presentation.
The photographs or graphic representations of the Products available on the website are not contractual.
The Products comply with the French regulations in force.
In case of questions about the Products, the Buyer can contact us :email@example.com.
2.2 Product availability
2.2.1. The Products are proposed within the limits of the stocks available at the time of the placing of the order by the Purchaser. A product that has become unavailable is indicated as such. It is specified that Ott will make every effort to ensure the availability of the entire range of Products offered.
At any time, Ott reserves the right to modify or to stop selling the Products offered on the website. However, these modifications will not affect the orders that Ott has accepted before the entry into application of these modifications.
2.2.2. In case of unavailability of the ordered Product, the Buyer will be informed within 8 working days and will have the possibility to cancel his order. The Buyer will then have the choice of requesting either a refund of the sums paid within fourteen 14 working days following the Buyer's information, or an exchange of the Product within the limits of available stocks.
SECTION 3 - ORDER
The Buyer has the possibility to place an order online, from the photographs available online and by means of the purchase process in force, for any Product, within the limits of available stocks.
For the order to be validated, the Buyer will have to accept, by clicking at the indicated place, the present GTC. He will also have to choose the address and the mode of delivery concerning the Products, and finally to validate the mode of payment.
The sale will be considered final :
- after Ott has sent the Buyer a confirmation of the acceptance of the order by e-mail ;
- and after Ott has received the full price of the product.
Every order is an acceptance of the prices and the description of the Products available for sale.
Ott provides the Buyer with a confirmation of the order summarizing the essential characteristics of the purchased Product.
In certain cases, such as non-payment, wrong address or other problems on the account of the Buyer, Ott reserves the right to block the order of the Buyer until the problem is solved.
SECTION 4 - WEBSITE ACCESS AND ACCOUNT CREATION
Placing orders on the website requires the creation of an account (hereinafter "the Account"), access to which is conditioned by the use of a personal identifier and password (hereinafter "the Login Information") placed under the exclusive control of the Buyer and which allows him/her to access the payment interface.
The Buyer wishing to create an Account is invited to enter an e-mail address to which a message is immediately sent to confirm it and allow the creation of an Account. The Buyer will be asked to choose a password. If applicable, the password constitutes the guarantee of the confidentiality of the information contained in the Account. The Buyer is therefore forbidden to transmit or communicate it to a third party. Otherwise, Ott cannot be held responsible for unauthorized access to the account of a Buyer.
The Buyer undertakes to inform Ott immediately if a third party has become aware of his credentials and to take immediate and effective measures, e.g. change his password. Ott cannot be held responsible for any fraudulent use of a Buyer's Account.
All costs related to the access, be it hardware, software or internet access are exclusively at the expense of the Buyer who is solely responsible for the proper functioning of his computer equipment as well as his internet access.
The Site is accessible 24 hours a day, 7 days a week.
However, Ott reserves the right, without prior notice or compensation, to temporarily or permanently close the website, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods, servers and accessibility hours, without this list being restrictive.
Consequently, Ott is not responsible for damages of any kind that may result from these changes and/or temporary unavailability or permanent closure of all or part of the website or its associated services.
It is up to the Buyer to take care of the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the website.
Ott will make every effort to maintain the website accessible to the Buyers.
SECTION 5 - PRICES AND PAYMENT TERMS
5.1 Ott reserves the right to modify its prices at any time but commits itself to apply the prices in force at the time the order is placed by the Buyer, subject to the availability of the Product at this date.
Prices may be displayed in different currencies depending on the location of the Purchaser.
They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The payment of the totality of the price must be realized at the time of the order. Under no circumstances may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the Products.
5.2 This is an order with payment obligation, which means that the placing of the order implies a payment of the Buyer.
To pay for his order, the Buyer has the choice of all the payment methods available to him by Ott and listed on the website. In case of payment by credit card, the communication of the number is worth authorizing the debit of the bank account. However, these data are not kept by the Seller.
The payment of the price is made at the time of the order and in Euros. The banking expenses caused by the payment are the responsibility of the Purchaser.
The payments made by the Buyer will only be considered as final after the effective collection of the amounts due to Ott. In case of non-payment of the order by the Buyer within 8 working days, a notification of cancellation of the order by email will be sent to him.
SECTION 6 - TERMS OF DELIVERY OF PRODUCTS
6.1 Regarding products
Delivery is the transfer to the Buyer of the physical possession or control of the Product by the carrier to whom Ott has entrusted the Product for delivery. Delivery is only made after confirmation of payment by Ott's bank.
The ordered Products are delivered according to the following terms and conditions:
- The maximum delivery time is 30 working days from the date of the order of the Product, except for a specific stipulation indicated before the order is placed and before the final validation of the order. In this case, Ott will indicate to the Buyer an estimated range of delivery, the Seller will not be held responsible for a delay in delivery. The Seller will not be held responsible for any delay in delivery. This delay will be reminded in the summary of the order as well as in the delivery tracking section of the website.
The Products are delivered to the address indicated by the Buyer during the purchase process on the Site, the Buyer will have to ensure its accuracy and to provide all the necessary information for the proper delivery of the Products. Any package returned to Ott because of an incorrect or incomplete delivery address will be reshipped at the expense of the Buyer.
If the Purchaser is absent on the day of delivery, according to the carrier's policy, the carrier will leave a notice in the mailbox, which will allow the package to be picked up at the place and during the time indicated or will repeat the delivery within the following business days.
The Buyer shall proceed to a verification of the delivery and in particular of the condition of the Products, which shall be considered as having been carried out once the Buyer, or a person authorized by him, has signed the delivery note.
If, at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the Products. If they have been damaged, the Buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The Buyer will have to confirm by e-mail these reservations to the carrier at the latest within three days after the reception of the article(s) and transmit a copy of this mail by simple mail or e-mail to Ott for the attention of the customer service according to the coordinates indicated above.
In case of delivery problem, the Buyer can contact us : firstname.lastname@example.org
SECTION 7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the code of consumption, in the case where the Purchaser is a private individual not acting for professional purposes (i.e. has the quality of consumer within the meaning of the preliminary article of the code of consumption), this one has a fourteen 14 working days deadline as from the reception of the order to exert its right of retractation.
The costs incurred by the exercise of the right of withdrawal (reshipment of the package) are the responsibility of the Buyer.
An exchange of an article can be done at the expense of Ott. To request such an exchange, the Buyer should send a request to the following address: email@example.com.
Ott is not responsible for the risks related to the return (damage during transport, loss of the package, etc.), and recommends that you keep the proof of return in order to be able to make a claim with the carrier.
In order to exercise his right of withdrawal, the Buyer must send his decision to withdraw to Ott Design before the expiration of the withdrawal period, by sending the withdrawal form, or any other statement, unambiguous, expressing his desire to withdraw by email to the following address: firstname.lastname@example.org. For this purpose, a standard withdrawal form is available to the Buyer in Appendix of these general conditions of sale.
If the right of withdrawal is exercised within the above-mentioned period, the sums paid for the purchase of the Product will be refunded. The refund will be made within fourteen 14 days from the date on which the customer service of Ott has been informed of the decision of the Buyer to withdraw from the contract under the conditions mentioned above.
Ott will make the refund using the same means of payment as the one used by the Buyer for the original transaction, unless the Buyer expressly agrees to use another means of payment and as long as the refund does not incur any costs for the Buyer.
The refund of the sums paid for the purchase of the Product is subject to the following conditions:
- the Product must be returned in new condition and without any trace of use or damage;
- no label must have been removed;
- The Product must be returned to Ott in its original packaging, or in packaging of the same quality.
No right of withdrawal will be granted to professional Buyers.
SECTION 8 - REFUND - RESOLUTION
Except in case of force majeure as defined below or during periods of closure of the online store which will be clearly announced on the homepage of the website, the delivery times will be, within the limits of available stocks, those indicated above.
In case of non-compliance with the agreed delivery date or deadline, the Buyer shall, before terminating the contract, request Ott to execute the contract within a reasonable additional period. If the Purchaser fails to do so within this new period, he is free to withdraw from the contract.
The Buyer shall accomplish these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium. The contract will be deemed to be terminated upon receipt by Ott of the letter or writing informing it of the termination, unless Ott has performed in the meantime.
If the contract is terminated, Ott will reimburse the Purchaser for the total amount paid.
SECTION 9 - OWNERSHIP AND TRANSFER OF RISK
The ownership of the ordered Product is transferred to the Buyer after acceptance of the order by Ott and effective receipt of the full price of the Product.
However, the transfer of the risk of loss and deterioration of the product is realized as soon as the product is handed over to the Buyer.
SECTION 10 - LEGAL GUARANTEES
10.1 - Legal guarantee of conformity and legal guarantee of hidden defects
Ott guarantees the conformity of the Products with the order, allowing the Buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee of defects of the thing sold in the sense of articles 1641 and following of the civil code.
The guarantee granted by Ott does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products.
10.2 - Reminder of the Buyer's rights
It is thus recalled that when he acts in legal guarantee of conformity, the Buyer :
- has a period of two 2 years from the delivery of the goods to act ;
- may choose between repair or replacement of the good, subject to the cost conditions provided for in the second paragraph of Article L. 211-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The Buyer can also decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
When the Buyer benefits from the legal guarantee of conformity or the legal guarantee of hidden defects, the delivery costs will be reimbursed on the basis of the rate charged by Ott and the return costs will be reimbursed upon presentation of the receipts.
SECTION 11 - OTT'S LIABILITY
Ott cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, the occurrence of bugs, an external intrusion or the presence of a computer virus.
In case of professional purchases, Ott will not be held responsible for any indirect damage, operating loss, loss of profit, loss of opportunity, damage or expenses that may arise from the purchase of the Products.
SECTION 12 - PRECONTRACTUAL INFORMATION
The present article is applicable in the case where the Buyer has the quality of consumer within the meaning of the preliminary article of the code of consumption.
The Buyer acknowledges having had access, prior to placing his order, in a legible and understandable manner, to these GTC and all the information listed in Article L. 221-5 of the Consumer Code.
The Buyer confirms that he has read the following information:
- the essential characteristics of the Product;
- the price of the Product;
- in the absence of immediate execution of the contract, the date or time by which the Seller undertakes to deliver the Product, regardless of its price;
- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address;
- the methods of payment, delivery and execution of the contract, as well as the methods foreseen for the treatment of complaints;
- the means to keep written exchanges with Ott on a durable medium (email);
- the possibility to have recourse to a consumer mediator;
- the existence and the modalities of exercising the legal guarantee of conformity provided for in articles L. 217-1 and following of the consumer code and the guarantee of hidden defects provided for in articles 1641 and following of the civil code.
- the existence of a right of withdrawal to be exercised within 14 days.
SECTION 13 - INTELLECTUAL PROPERTY
The content of the website as well as the brands, drawings, models, images, animated or not, texts, photographs, logos, graphic charts, software and programs, search engines, databases, sounds, videos, domain names, design, the know-how and all other contents composing the website (the "Elements"), without this list being exhaustive, are the exclusive property of OtT or of its partners or third parties who have granted it a license, and are protected by intellectual property rights which are or will be recognized according to the laws in force.
Ott grants the Buyer a free, personal, non-exclusive and non-transferable right to access and use the website, subject to acceptance and compliance with these General Terms and Conditions of Sale. Any other right is expressly excluded without the express agreement of Ott.
In particular, any downloading, reproduction, screen capture, representation, adaptation, decompilation or total or partial deletion of all or part of the Elements, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, partially or entirely, without the express permission of Ott or the holders of the rights to these contents, is prohibited and would constitute an act of infringement punishable by the provisions of the Code of Intellectual Property as well as the Penal Code.
Furthermore, all intellectual property rights, whatever their nature, attached to the Products sold through the website are and remain the exclusive property of Ott Design, and are exclusively reserved to it. Under these conditions, any use, reproduction, representation, exploitation, adaptation, distribution of the Products, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, partially or fully, without the express permission of Ott, is prohibited and would constitute an act of infringement punishable by the provisions of the Intellectual Property Code and the Penal Code.
The present GTC do not imply any transfer of intellectual property rights on the Elements or on the Products, belonging to Ott, to the benefit of the Buyer
Consequently, the Buyer is forbidden to do anything that could directly or indirectly infringe the intellectual property rights of Ott.
SECTION 14 - PERSONAL DATA
Ott, as the controller, collects, stores and uses the personal data of the Buyer for the purpose of executing the contract.
This data is used by Ott and its partners or subcontractors for the purpose of selling and delivering the Products.
The subcontractors acting under the instructions of Ott are obliged to implement appropriate protection measures for this personal data.
The personal data of the Buyer are kept for a period of ten years after the end of the commercial relationship.
Ott undertakes to strictly apply the applicable regulations regarding the protection of personal data, namely, as a company subject to French law, Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended ("Loi Informatique et Libertés") as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation ("GDPR").
In accordance with the applicable regulations, the Buyer has :
- a right of access and rectification, deletion and portability of information concerning him ;
- a right to limit and oppose for legitimate reasons the processing of his personal data.
The Buyer can exercise his rights by writing to the following e-mail address: email@example.com.
However, this opposition may, in practice and depending on the case, affect or make impossible the execution of the sale.
The Buyer also has a right of recourse to a national supervisory authority such as the Commission Nationale de l'Informatique et des libertés in case of violation of the applicable regulations on the protection of personal data and in particular of the European Regulation n°2016-679.
The Buyer is invited to read Ott's Personal Data Protection Policy which aims to define the rules applicable to the collection and processing of personal data, accessible here : LINK
SECTION 15 - FORCE MAJEURE
Events beyond the control of the Entities, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered as force majeure or fortuitous events, insofar as their occurrence makes the performance of the obligations totally impossible.
In such circumstances, Ott will notify the Buyer in writing, in particular by e-mail, and the contract between the Entities will be suspended by operation of law without compensation, as from the date of the occurrence of the event.
The Entities shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued.
If the event lasts more than 30 days from the date of occurrence of the event, the order placed by the Buyer and accepted by Ott can be terminated by the most diligent party, without either party being able to claim damages.
SECTION 16 - PARTIAL NON-VALIDATION
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will keep all their force and scope.
SECTION 17 - NON-WAIVER
The fact that one of the Entities does not avail itself of a breach by the other Entity of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
SECTION 18 - AMENDMENT
The Seller can update these GTC at any time, the version applicable to the Buyer is the one in force on the website at the date of the order.
The current GTC can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all pages of the website of Ott. The Buyer has the possibility to save and/or print the GTC.
SECTION 19 - MEDIATION
The Buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
SECTION 20 - APPLICABLE LAW AND JURISDICTION
These GTC and the contractual relationship between Ott and the Buyer are subject to French law. In case of dispute, and failing resolution in the mediation provided for in the above article in the case where the Buyer is a consumer in the sense of the consumer code, the latter will be brought before the competent French courts.
SECTION 21 - CONTACTS
For any question, information or claim, the Buyer can contact Ott :
- By e-mail : firstname.lastname@example.org
- By mail : 132 rue Saint-Genes 33000 Bordeaux