Terms of sale
General Conditions of Sale & Use
Preamble
These General Terms and Conditions of Sale and Use (hereinafter referred to as "GTC") govern all sales made on the website www.ojoa.co (hereinafter referred to as the "Site"), owned by the company [OJOA] (hereinafter referred to as "the Seller"). Any order placed on this Site implies full acceptance of these GTC, which prevail over any other document, unless otherwise agreed in writing by the Seller.
The Seller reserves the right to modify these T&Cs at any time, with the modifications being applicable to any order placed after they are posted online.
Article 1: Identification of the seller
Legal notices
The website www.ojoa.co is a service of:
- ●The company OJOA with share capital of €10,000
- ● located at 254 rue Vendôme, 69003 Lyon, FRANCE
- ● registration number: 94868622500012
- ● website URL: www.ojoa.co
- ● e-mail: ojoa.contact@gmail.com
The customer declares to have read and accepted the general conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 2: Purpose
The purpose of these General Terms and Conditions is to define the conditions under which the Seller offers the sale of products through the Site www.ojoa.co.
They apply to all orders placed on the Site by customers acting as consumers, as defined in Article L. 121-1 of the Consumer Code.
Article 3: Acceptance of the conditions
The buyer acknowledges having read these General Terms and Conditions and accepts them without reservation before finalizing his order on the Site.
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general conditions of sale and all the information listed in article L. 221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the property;
- the price of the good and/or the method of calculating the price;
- if applicable, all additional transport, delivery or postage costs and all other possible costs payable;
- the date or period by which the seller undertakes to deliver the goods, whatever their price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
This acceptance is evidenced by the validation of the order. Validation of the order constitutes signature and acceptance of the General Terms and Conditions. The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.
These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale 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 accessible on the OJOA website and will prevail, where applicable, over any other version or any other contradictory document.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with their headquarters in France.
These terms and conditions only apply to purchases made on the OJOA website and delivered exclusively to mainland France or Corsica, the Netherlands, and Belgium. For any delivery to the French overseas departments and territories or other countries abroad, please send a message to the following email address: ojoa.contact@gmail.com
Article 4: Products and availability
The products offered for sale on the Site are presented with the greatest possible precision.
However, the photographs, illustrations and descriptions of the products are not contractual and therefore cannot engage the liability of the Seller in the event of errors or omissions.
The Customer is solely responsible for the choice of products, their storage and their use.
Products are offered while stocks last. If a product is unavailable after the order has been confirmed, the Seller will inform the Buyer and may offer a replacement product or cancel the order with a refund of the amounts paid.
Article 5: Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are shown in euros. They do not include delivery charges, which are charged extra and are indicated before the order is confirmed. Prices include the VAT applicable on the day of the order, and any changes in the applicable VAT rate will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
Article 6: Order
The buyer has the option of placing his order online, from the online catalog and using the form provided there, for any product, within the limits of available stocks.
To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button. The buyer must also select the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: ojoa.contact@gmail.com
Article 7: Payment
Payment for the products is due at the time of ordering. The Buyer may pay using the payment methods offered on the Site (credit card, PayPal, etc.). The Seller reserves the right to suspend or cancel any order in the event of non-payment or suspected fraud.
Article 8: Delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and within the time frame specified above.
The products are delivered to the address provided by the Buyer when ordering or to a relay point. The Seller undertakes to ship the products within 7 to 15 working days, unless otherwise stated on the Site. In the case of home delivery, the buyer must ensure the accuracy of the address provided for the order. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain an invoice sent to the billing address and not to the delivery address, by sending an email to: ojoa.contact@gmail.com.
Shipping costs are calculated based on the selected shipping method and delivery address. The Seller is not responsible for delivery delays due to external events or the negligence of the carrier.
If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.)
Article 9: Right of withdrawal
The Buyer has, in accordance with the law, a withdrawal period of 14 (fourteen) days from the delivery of the products to notify their decision to withdraw. To do so, the Buyer must inform the Seller of their decision to withdraw and return the products in their original condition, at their own expense.
The Customer will return all or part of his order to the Seller for exchange, credit or refund, provided that the products are returned in their original packaging and in perfect condition within 14 (fourteen) days of having notified his decision. Return costs will be borne exclusively by the Customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
Return costs are the responsibility of the Buyer.
Article 10: Exclusion of the right of withdrawal
Any order on the Site results in the formation of a sales contract concluded remotely between OJOA and the customer.
In accordance with the provisions of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
. Supply of goods from deteriorating or expiring rapidly
. Supply of goods which have been unsealed or opened by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
Article 11: Conservation of products
The buyer is invited to refer to the product packaging to find out its use-by date.
The buyer must ensure that the products are kept in a dry and cool place (temperatures around 14 to 16 degrees), away from direct light and heat.
Article 12: Guarantees
The products are guaranteed against hidden defects in accordance with Articles 1641 et seq. of the French Civil Code. In the event of a lack of conformity or a hidden defect, the Buyer may request replacement or reimbursement of the product in accordance with the legal guarantees.
Article 13: Liability
The Seller cannot be held responsible for any direct or indirect damages that may arise from the use of the products sold, except in the event of gross negligence or failure to comply with legal obligations.
Article 14: Force majeure
The Seller cannot be held liable in the event of force majeure, in particular in the event of a strike, natural disaster, disruption of the telecommunications network, etc.
Article 15: Protection of personal data
Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing their order and are intended for internal use by the Seller. These personal data may nevertheless be transmitted to third parties, partners of the Seller. The Customer therefore has the right to access, modify, rectify and oppose information concerning them by contacting the company by email to inform them of their wishes.
Article 16: Intellectual Property
The website www.ojoa.co and all of its components are protected by current intellectual property regulations.
These elements are the full and entire property of the company OJOA, unless otherwise duly specified on the site.
The reproduction, adaptation, use of the site or its contents (all or part), and in any form whatsoever, without prior and express authorization from OJOA is strictly prohibited and may constitute an offense of counterfeiting and incur liability both civilly and criminally.
Article 17: Cookies
The Site uses cookies to improve the browsing experience. Cookies are files stored on the Buyer's computer during their visit to the Site. They allow the Buyer's preferences to be memorized and their behavior on the Site to be analyzed.
The Buyer may configure their browser to refuse the use of cookies. However, some features of the Site may not be accessible if cookies are disabled.
Article 18: Partial nullity and independence of clauses
If one or more provisions contained in the General Conditions should be considered invalid or declared as such pursuant to the law or a declaration of justice which has become res judicata, this invalidity shall not entail the invalidity of the other provisions which shall remain in force.
In the event of cancellation of one of the stipulations of this contract, the Parties will endeavor to negotiate an economically equivalent clause.
Article 19: Applicable law and dispute resolution
These General Terms and Conditions are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution. Failing this, the competent court will be that of the defendant's domicile.
Article 20: Modifications to the T&Cs
The Seller reserves the right to modify these General Terms and Conditions at any time. Any modifications will be applicable as soon as they are posted on the Website. The General Terms and Conditions in effect at the time the order is confirmed will be those in effect.
Annex - Right of withdrawal form
To the attention of [Company Name]
Address: [Company Full Address]
Email: [Contact Email]
I/We (1) hereby notify you (2) of my/our withdrawal from the contract for the sale of the goods below:
Product Details:
● Product(s) ordered: [Name(s) of product(s)]
● Ordered on: [Order Date]
● Received on: [Date of receipt]
● Order number: [Order number]
Consumer Information:
● Consumer Name: [Full Name]
● Consumer's address: [Full address]
● Consumer's email address: [Email]
Consumer signature (only if notification of the form on paper):
[Consumer signature]
Date: [Date the request was sent]