ARTICLE 1 : ENTIRE AGREEMENT
These general terms and conditions express the entirety of the parties’ obligations. As such, the consumer is deemed to have accepted all of the provisions herein without reservation. No general or specific condition contained in the documents sent or delivered by the consumer may be included herein, as these documents would be incompatible with these general terms and conditions.
ARTICLE 2 : SUBJECT
The purpose of these general terms and conditions is to set out the rights and obligations of the parties in connection with the online sale of products sold by Odiot the customer, from the moment the order is placed to delivery, including the terms of payment.
ARTICLE 3 : PRODUCT INFORMATION
Each product sold on the www.odiot.com website shall be accompanied by a description and one or more photos allowing the potential customer to learn about the main characteristics of the product before placing a final order. However, the information, characteristics, photographs and graphics contained on the website or in e‑mails sent by Odiot are only provided for information purposes. In particular, Odiot cannot be held liable for differences in appearance pertaining to shapes and colors observed between the photographs or graphics presented on the website and the products themselves. However, Odiot shall strive to represent and describe the products sold on its website as accurately as possible. Odiot cannot be held liable if an error has been inserted into the description provided by the supplier of the product presented, and any and all photographs illustrating said product are not contractual in nature.
ARTICLE 4 : AVAILABILITY
The products presented by www.odiot.com are only valid if in stock. If the product is unavailable, the customer will be informed by e‑mail. A replacement product will be offered, or the customer will be refunded. Odiot updates product availability on a frequent basis, however they cannot be held responsible if stock is no longer the same as that indicated at the time of placing the order. More specific information can be provided to the client by email. No cancellation penalty will be applied for cancelling an order under such circumstances. No compensation for cancellation (other than a full refund of the order) may be requested, as such unavailability results from the deadline for updating such unavailability.
ARTICLE 5 : PRICE
Sales prices are valid for the term of their publication on the Website. They are expressed in euros including VAT and excluding shipping costs. Such costs are fixed in accordance with the tariff set out below and are added to the total payable. You are reminded of the total payable when selecting products for purchase and adding them to your basket, prior to confirming the order.
VAT on the sales price : Product prices are subject to VAT in France, the country from which the goods are shipped. In European Union Member States, Products are sold including VAT. Outside the EU, sales prices are provided ex-VAT.
Customs duties at destination : any potential customs duties at destination shall be borne by the buyer. It is hereby specified that prices displayed online at the time of consultation by the Customer are subject to change, in particular depending on the price of raw materials and services ; such prices may be changed on the Website at any time and without notice, at our discretion.
Naturally, any change in price will not affect orders already placed by Customers.
ARTICLE 6 : ORDER
To confirm the order, the customer must first and necessarily read the general terms and conditions of sale provided on the website.
When placing the order, the customer also acknowledges having read the special conditions of sale and the description of the product(s) and states that he/she accepts them without reservation. Placement and confirmation of the order by the client under the above conditions formalize his/her full acceptance of the specific conditions of sale applicable to the order. The order will only be definitively recorded when the Customer has confirmed the summary screen for the order. The customer’s “click of acceptance” of the General Terms and Conditions of Sale and his/her “click confirming the order”, under the conditions set out by the www.odiot.com website are irrevocable, except in the limited cases provided for in these general terms and conditions of sale.
The Customer hereby acknowledges that he/she has read and understood these terms and conditions and accepts them. He/she states that he/she has the legal capacity to place an order on the website and to use a credit card. The automatic registration systems on www.odiot.com are considered as proof of the nature, content and date of the order. The Customer must verify the accuracy of the information that he/she has provided to www.odiot.com, in particular as regards the delivery address.
The www.odiot.com website cannot be held responsible for any data entry errors or for the consequences of delivery delays and errors. As such, any costs incurred for returns shall be borne by the customer. The sale will not be considered final until confirmation of the order by www.odiot.com.
Automatic registration systems are considered as proof of the nature, content and date of the order. The sale will be concluded only after confirmation of the order. Odiot shall confirm acceptance of the order by e‑mail to the e‑mail address provided by the customer. At any time, the Customer may contact Odiot to follow-up on his/her order.
ARTICLE 7 : PAYMENT
All orders are payable in full by the Customer. Payment for the Customer’s purchases on the Website may be made by credit card (“CB” cards, Visa, Mastercard and American Express are accepted).
In this case, the Customer’s credit card is charged for all orders on shipment.
When placing an order on the Website, the Client must provide his/her payment details on the appropriate form.
When placing an order online, the Customer guarantees Odiot that it is the credit card holder and that the name appearing on the credit card is his/her own ; he/she then provides the number and expiry date appearing on the front of the card as well as the visual cryptogram appearing on the rear (or front) of the credit card in a secure online environment.
The fact that the Customer provides his/her credit card number shall be considered as authorisation to charge the total of the order to his/her account.
For orders paid by credit card, payment shall only be considered effective once relevant payment centres have given their consent.
Any information provided by the Customer is provided in a secure environment using protocols in force online.
Odiot shall not be required to deliver products ordered by the Customer if the latter has not paid the full price in accordance with the terms and conditions set out above.
When charging for the order, in the event of incomplete, incorrect or lack of payment, for any reason whatsoever, or in the event of any payment incident, Odiot reserves the right to suspend or cancel delivery of any pending orders.
In the event of a delay in payment or provision of amounts due by the Customer, late payment penalties equal to the legal interest rate in force shall be applicable ipso jure to the Customer, after prior notice remaining without effect, without prejudice to any damages which may be claimed from him/her.
In the event of failure to pay after service of notice remaining without effect, Odiot shall retain full ownership of the products ordered until full payment of the products and may take legal action before the courts.
ARTICLE 8 : DELIVERY
Checks prior to order approval
Prior to any order or purchase, Customers must ensure that each product ordered can be delivered without difficulty and check that the dimensions of packages and products specified on the product sheet are adapted to the requirements for home delivery (lifts, stairwells, hallways, corridor doors, room of destination). The Client must therefore take all necessary measures for proper delivery.
Any difficulties encountered on delivery of the products for which the Customer is responsible shall result in the Customer being charged for subsequent delivery of the products.
Delivery of the products shall be made at the address provided by the Client when ordering.
Odiot undertakes to inform the Customer of delivery times.
The delivery times provided take account, in particular, of the availability of products and time required to created “Bespoke” or “Made to order” products featured on the Website. The delivery times provided are calculated in working days (excluding Sundays and bank holidays).
Delivery times shall run from the date on which the Customer receives an email confirming his/her order. In the event of problems with delivery, Odiot undertake to make every effort to inform the Customer of its inability to respect the delivery date. Odiot may not be held liable where delivery delays are the result of a case of force majeure or are attributable to the carrier.
Checks to be undertaken on delivery
Prior to singing the delivery slip, the Customer must perform the following checks :
- Check the appearance of the package(s).
- Check the condition of products inside the package(s).
- Check the compliance of products in relation to the delivery slip and to the goods ordered.
Thus, the Customer is responsible for performing all necessary checks to ensure compliance of the products on delivery. Such checks are considered to have been carried out as confirmed by the Customer’s signature of the delivery slip.
Should any anomalies be observed on delivery, the Customer must make all necessary circumstantiated and legible reservations, and be as precise as possible (breakage, damage, non-compliance : Product error, different colour and/or dimensions ; missing items, etc.) and refuse delivery of the package(s) by providing the reasons for his/her refusal.
For the purposes of these conditions, delivery will be considered as having been made, or the order will be considered as having been delivered when the Customer, or a third party designated by the Customer has material possession of the products, as formalised by the signature of the acknowledgement of receipt of the order to the delivery address provided by the Customer on the delivery order.
Where delivery is made by a carrier, the Customer must make any reservations on the delivery slip.
Moreover, the Customer may also make any specific reservations relating to the products delivered on the delivery slip and send this delivery slip to the carrier within three days following the date of receipt of the delivery at the latest.
In the absence of any specific reservations made by the Customer, delivery will be deemed as compliant.
Reservation of ownership and transfer of risks
The transfer of ownership of ordered products is subject to full and proper payment of their price. This clause does not prevent the transfer of risks pertaining to the products to the buyer from the time of delivery.
ARTICLE 9 : RIGHT OF WITHDRAWAL
Odiot understand that those of its Customers who are dissatisfied with articles ordered may exercise the right of withdrawal provided for by Article L. 221–18 of the Consumer Code under the best possible conditions.
Consequently, Customers may exercise their right of withdrawal, without having to provide a reason, up to fourteen (14) days after receipt of the article in question.
Pursuant to Article L. 221–28 of the Consumer Code, this right of withdrawal may not be exercised for items ordered concerning :
- the provision of goods manufactured according to consumer specifications or which have been clearly personalised ;
- the provision of items which have been opened by the consumer after delivery and which may not be returned for reasons of hygiene or health and safety.
To exercise its right of withdrawal, the client may use the withdrawal form at the bottom of these General Terms and Conditions of Sale, or any other clear and legible declaration.
To return the articles already received, the customer must return the articles by post. In this case, the client must return the article to the following address : Odiot, 5 Rue du Roussillon — 91220 Brétigny-sur-Orge (France), within fourteen (14) days of notification of his/her decision to withdraw. Direct return costs for the article shall be borne by the Customer. The Customer is responsible for providing proof of this return, which implies that the articles must be returned by recorded delivery, or any other means providing a certain date, with the costs and risks for return being borne by the Customer. Refunds shall be provided within fourteen (14) days following receipt of the returned articles by Odiot.
Refunds of amounts paid for the returned article(s) shall be provided, depending on the payment method used for the articles, either by crediting the Customer’s bank account matching the credit card used for payment or by transfer to the customer’s bank account. Pursuant to Article L. 221–24 of the Consumer Code, additional costs paid by the Customer and relating to the choice of a specific delivery method shall not be refunded.
It is specified that no refunds shall be provided in-store.
Moreover, in the case of a gift, the right of withdrawal shall solely and exclusively benefit the Customer and may under no circumstances be exercised by the recipient of the gift.
In any case, the Customer must return the delivered articles in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return voucher duly completed as well as a copy of the invoice. Any articles returned incomplete, damaged, deteriorated, sullied or in any other condition which reasonably leaves it to be believed that they have been used or worn, will neither be refunded nor exchanged and will be sent back to the Customer.
ARTICLE 10 : WARRANTIES
The Customer must ensure that the articles delivered match the order. Where the articles delivered do not match the order, the Customer must notify Odiot customer service team by telephone and return the articles in question under the conditions set out in these General Terms and Conditions of Sale.
Notwithstanding the specific warranty conditions issued to the client with the delivered article, Odiot articles shall be subject to the warranty conditions set out by law.
Reminder of Articles L. 217–4, L. 217–5 and L. 217–12 of the Consumer Code and Articles 1641 and 1648 (1) of the Civil Code :
“Article L. 217–4 of the Consumer Code : The seller delivers an item which complies with the contract and shall be responsible for any lack of compliance at the time of delivery. Said seller shall also be responsible for any lack of compliance due to packaging, assembly instructions or installation where he/she is responsible for such under the contract or where such was undertaken under his responsibility”.
“Article L. 217–5 of the Consumer Code :
To comply with the contract, the item must :
- If it is fit for the purpose expected of a similar item and, where applicable :
- if it matches the description provided by the seller and has the features that were presented to the buyer in the form of a sample or model ;
- if it has the features that a buyer may legitimately expect in light of the public declarations made by the seller, manufacturer or representative, notably in advertising or on labelling ;
- Or if it has the characteristics defined by mutual consent by the parties or is fit for any special use sought by the buyer, notified to the seller and accepted by the latter. ”
“Article L.217–12 : Legal action resulting from a lack of compliance shall lapse two years after delivery of the item”.
“Article 1641 of the Civil Code : The seller is bound by the guarantee against hidden defects relating to the sold item which render it unfit for the intended use, or which diminish such use, in such a way that the buyer would not have bought it, or would have done so at a lower price, had he/she been aware”.
“Article 1648 (1) of the Civil Code : Legal action for redhibitory defects must be lodged by the buyer within two years following discovery of the defect”.
Pursuant to case law, compensation for the consequences of the hidden defect, when proved, includes the following :
- either repair of the article free of charge, including labour costs,
- or replacement or refund, in whole or in part, in the case in which the article cannot be used,
- and compensation for any damages caused to people and items by the article’s defect.
Odiot offers an after-sales service for its products. The Customer may contact the customer service team by email : firstname.lastname@example.org to receive more information about this service.
ARTICLE 11 : DIVISIBILITY OF CLAUSES
Should any of the stipulations in this contract be declared null and void, this nullity shall not result in the nullity of the other stipulations which shall remain in force between the parties. Any contractual changes shall only be valid after an agreement in writing has been duly signed by the parties.
ARTICLE 12 : FORCE MAJEURE
Odiot shall not be held liable for any default or any delay in the performance of its contractual obligations attributable to events outside of its reasonable control (hereinafter referred to as “Force Majeure”) as defined by Article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that the contractual obligations of Odiot shall be suspended for as long as the case of Force Majeure lasts and, on the other hand, that the deadlines for performance with a view to fulfilling such obligations shall be extended for an equivalent term to that of the case of Force Majeure. Odiot shall strive, insofar as possible, to bring an end to the case of Force Majeure or to seek a solution allowing it to perform its contractual obligations despite the case of Force Majeure.
ARTICLE 14 : APPLICABLE LAW — LANGUAGE — JURISDICTIONAL COMPETENCE
Only the Commercial Court of Paris shall have jurisdictional competence. However, we may request use of the arbitration procedure before the Court of Arbitration at the International Chamber of Commerce.
In the event of any technical dispute, we may request recourse to an expert appointed according to the International Chamber of Commerce’s Rules for Expertise.