Preamble
These general conditions of sale apply to all sales concluded on the oOumm website.
The oOumm website is a service of :
SENSOO is located at
1 place de l’Alma, 75116 Paris,
France
www.ooumm.com
address e-mail: contact@ooumm.com
téléphone: +33 1 45 74 91 91
The oOumm website markets the following products: candleholders, vases, tableware, objects, fragances and accessories.
The customer declares having read and accepted the general conditions of sale prior to placing his order. The validation of the order is therefore acceptance of the general conditions of sale.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reserve.
The present general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have their headquarters in France.
The present general conditions of sale are communicated to any purchaser who makes the request, in order to allow him to place order.
The present general conditions of sale are applicable until 31 December 2018.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.
The present conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For any delivery in the DOM-TOM or out of France, it is advisable to announce it to obtain a specific estimate.
Article 3 – The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer will have to accept, by clicking on the place indicated on the site, the present general conditions. Its acceptance will involve the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer must choose the address and delivery method. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees below mentioned.
In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and final.
For any question relating to the follow-up of an order, the purchaser can:
– call the following number: +33 1 45 74 91 91 (cost of a local call), on the following days and times: Monday to Friday, from 8am to 6pm,
– send an e-mail to the following address: bureau@ooumm.com.
Article 4 – Electronic signature
The online supply of the buyer’s bank details and the final validation of the order shall constitute proof of the buyer’s agreement. This will enable the seller to obtain the sums due under the purchase order and this will be worth signature and express acceptance of all operations carried out.
In case of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling him at the following number: +33 1 45 74 91 91, or by sending him an e-mail to the following address: contact@ooumm.com.
Article 5 – Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing this, at the address indicated by the buyer on the order form.
Article 6 – Proof of the transaction
The computerized records, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 7 – Product information
The products governed by these general conditions are those which appear on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 – Prices
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability at that date. Prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store.
The payment of the totality of the price must be realized at the time of the order. At no time may the sums paid be considered as a deposit or advance payments.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
Deposit
Any order can give place to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the purchaser as from will not be able to give place to the refunding of this envisaged installment.
Price reduction
The buyer can benefit from special discounts and rebates, according to the special conditions specified when ordering.
Article 9 – Method of payment
Rules
This is an order with payment obligation, which means that the placing of the order implies payment by the buyer. Payment for the order is only made by debit from the buyer’s bank account. The buyer must enter his bank details at the place provided and confirm this entry by adding his computer ID number as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is under administration. The seller has an order verification procedure in place to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the parts sent.
The price is payable in full and in a single payment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment shall result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller may bring against the buyer in this respect.
Article 10 – Availability of products
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will, within the limits of available stocks, those indicated below. Shipping times run from the date of order registration indicated on the order confirmation email.
For any delivery in France (mainland France and Corsica), the delay is 72 hours as from the day following that where the purchaser placed his order.
For any delivery in the DOM-TOM or out of France, it is advisable to announce it to obtain a specific estimate.
In the event of delay, the seller cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be made by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 – Terms of delivery
Delivery is only made after confirmation of payment by the seller’s bank.
It is provided within the period specified in Article 10, from receipt by the seller of the purchase order.
Any delay of more than 1 month may lead to the cancellation of the sale. The advance payments made or the payment made with the order will then be returned to the buyer.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow to withdraw the parcel at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products…).
This verification is considered as carried out as soon as the purchaser, or a person authorized by him, signed the delivery order.
The buyer must then confirm these reservations by registered mail to the carrier at the latest within two working days following receipt of the article(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days following delivery. Any complaint formulated after this deadline will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions…).
Article 12 – Delivery errors
The buyer will have to formulate to the salesman the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
The complaint can be made, at the buyer’s choice, by contacting the seller by mail or telephone. :
– by contacting the seller at the following telephone number: +33 1 45 74 91 91
– by using the following e-mail address: bureau@ooumm.com.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman of any responsibility towards the purchaser.
Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In case of error of delivery or exchange, any product to exchange or refund must be returned to the seller as a whole and in its original packaging, Colissimo Recommandé, to the following address: 1 place de l’Alma, 75116 Paris.
The return costs are the responsibility of the seller.
Article 13 – Product Warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in design or supply of said services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the seller’s liability is retained, the seller’s guarantee would be limited to the amount paid by the buyer for the purchase of the goods.
Article 14 – Right of withdrawal
The buyer being a professional buying within the framework and for the needs of his profession, it is not necessary to apply the right of withdrawal provided by the code of consumption.
Article 15 – Force majeure
Any circumstances beyond the control of the parties, preventing performance under normal conditions of their obligations, shall be considered as grounds for exemption from the parties’ obligations and shall entail their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to consider the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 – Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared such pursuant to a law, regulation or following a final decision of a competent court, the other clauses shall retain all their force and scope.
Article 17 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party to any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 18 – Applicable law
The present general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19 – Collection of personal data
Data collected:
The personal data collected on this site are as follows:
Account opening: when creating the user’s account, first and last name, e-mail address; postal address;
Login: when the user connects to the website, the user records, in particular, his surname, first name, login data, usage data, location and payment data.
Profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number.
Payment: as part of the payment of products and services offered on the website, it records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, data concerning user communications are temporarily stored.
Cookies: Cookies are used in connection with the use of the site. The user has the possibility to disable cookies from his browser settings as well as at the bottom of each page.
Use of personal data
Personal data collected from users is used to make the website services available, improve them and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the terms of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offer the user the possibility to communicate with other users of the website;
– Implementation of user assistance;
– Customize services by displaying ads based on the user’s browsing history and preferences;
– fraud prevention and detection, malware and security incident management;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has concluded contracts;
– when the user publishes information accessible to the public in the free comment areas of the website;
– when the user authorizes the website of a third party to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to pursue claims against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, disposal of assets or receivership, it may sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information over the Internet.
Implementation of user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise at the following address contact@ooumm.com :
– they can update or delete the data concerning them by connecting to their account and configuring the parameters of this account;
– they can delete their account, by writing to the following e-mail address contact@ooumm.com. It should be noted that information shared with other users, such as forum postings, may remain visible to the public on the website, even after their account has been deleted;
– they can exercise their right of access, to know the personal data concerning them, by writing to the following e-mail address: contact@ooumm.com. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy;
– if the personal data held by the website are inaccurate, they may request that the information be updated by writing to the following e-mail address: contact@ooumm.com ;
– users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@ooumm.com.
Development of this clause
The website reserves the right to make any changes to this privacy statement at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he can delete his account.