- Acceptance of these General Conditions of Sale
- Marketed products
- Orders
- Pricing, billing and payment
- Delivery
- Reservation of title
- Receipt of products
- Return of products or goods
- Legal right of withdrawal
- Legal guarantees
- Limitation of liability
- Personal information
- Intellectual property
- Non-waiver
- Severability of the General Conditions of Sale
- Applicable law – Competent jurisdiction
The Odilon+ company website is the property of Mr. Sébastien Bellanger, S.A.R.L. with capital of €7,500, R.C.S. Rouen 448 523 365 – SIRET 44852336500030.
Orders placed on the odilonplus.com website are exclusively reserved for individuals and legal entities. For any additional information, access to personal information, any complaints or questions that the Customer may have when using the site, ODILON+ provides a “Customer Telephone Service” at the following number: +33 (0)2.40.82.96 .33 (cost of a local call from France). The Customer will send any written complaint to the following address: ODILON+ 9 Allée du Chastelet 44210 Pornic.
1. Acceptance of these General Conditions of Sale
1.1 The purchase of products offered on the odilonplus.com website is subject to these general conditions of sale (hereinafter “General Conditions of Sale”). By placing an order with the company ODILON+ on the odilonplus.com website, the Customer acknowledges having read and accepted, prior to ordering, completely and without reservation, these General Conditions of Sale.
1.2 The General Conditions of Sale apply for the entire duration of the online availability of the products offered by the company ODILON+ on the odilonplus.com website. They can be modified at any time. The General Conditions of Sale enforceable against the Customer are those in force at the time of his order on the ODILON+ website.
2. Marketed products
2.1 The odilonplus.com website offers distance selling of various products selected by the ODILON+ company. It allows you to order these products online. The essential characteristics (qualitative and quantitative) of the products are described on the site.
2.2 Product offers are valid as long as they are visible on the site within the limits of available stocks or the conditions specified on the site. If the product is not available, ODILON+ undertakes to inform the Customer as quickly as possible by any appropriate means.
The Customer will have the choice between:
(1) or cancel his order, he will then be reimbursed for the payment of the sums he has already paid no later than 30 (thirty) days from the cancellation of the order.
(2) or, if the product is likely to become available quickly, to wait for the new delivery time limit which would be indicated by the company ODILON+.
2.3 Every effort is made to ensure that the photos of the products appearing on the odilonplus.com website are faithful to the original products. However, variations could occur, in particular due to technical limitations in color rendering on customers’ computer equipment, so that the company ODILON+ will not be responsible for variations which do not result from its actions.
3. Orders
3.1 Conditions for placing an order
The Customer must:
be at least 18 (eighteen) years old and have the legal capacity necessary to place and honor any order or hold parental authorization allowing them to place and honor any order and be able to do so justify at any time, upon simple request from the company ODILON+;
AND,
be a natural person acting within the framework of their personal needs (in the sense in particular that any order that the Customer places must correspond to the normal needs of a professional or an individual) or a legal entity “final buyer”.
3.2 Placing an order
Orders are placed in accordance with the procedure provided on the site. For each product selected and ordered by the Customer on the ODILON+ company website, a summary page will be automatically displayed, including the photo of the item, its references, the quantity chosen, its unit price and the total price of the item. Customer order, as well as delivery costs. The Customer carefully checks the accuracy of his selection before confirming his order. As soon as it is confirmed by the Customer, the order is sent to the company ODILON+ for processing. Orders are firm; they cannot be conditional. No order can be taken into account if it is not immediately followed by the corresponding secure payment by bank transfer, check, Paypal, or transfer within 30 (thirty) days.
3.3 Order analysis system (fraud detection)
The information relating to your order is subject to automated data processing for which PAYPAL is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against bank card fraud. PAYPAL and the merchant from whom you make your purchase are the recipients of the data relating to your order. Failure to transmit data relating to your order prevents the completion and analysis of your transaction. The occurrence of an unpaid debt following fraudulent use of a bank card will result in the registration of contact details relating to your order associated with this unpaid debt in a payment incident file implemented by PAYPAL. An irregular declaration or an anomaly may also be subject to specific treatment.
3.4 Receipt of the order
As soon as the order is registered and within a maximum period of 2 (two) working days from this registration, the company ODILON+ acknowledges receipt. An order confirmation is then sent to the customer by email and constitutes acceptance of the Customer’s order by the company ODILON+. The company ODILON+ is only bound by the Customer’s order from the sending of this acknowledgment of receipt.
Proof of the order results from the electronic forms completed by the Customer and the confirmation sent by the company ODILON+ to the Customer’s email.
3.5 Refusal of order
The company ODILON+ reserves the right to refuse, without liability on its part, any order concerning a Customer, for just cause, in particular if there is a doubt about solvency or a dispute relating to the payment of a previous order.
3.6 Changes to orders
Orders are in principle not subject to modification due to their immediate execution. However, the modification of an order by the Customer may, where applicable, be taken into consideration if it is made to the Customer Telephone Service at the number referred to in the introduction to these General Conditions of Sale, before shipping the products ordered and subject to acceptance by the company ODILON+.
4. Price, billing and payment
4.1 The prices displayed on the ODILON+ company website are subject to change at any time. Obviously, the price applied to the Customer is that displayed on the site at the time he places the order, except in the event of a manifest error in displaying the price of the product on the site (derisory price). These prices are applicable as part of the sale on the ODILON+ website. They are indicated in euros, excluding taxes, and for delivery in mainland France. The legally applicable French VAT is 20%. An invoice is established for each order and sent by email to the Customer.
4.2 Payment for the order by the Customer must be made online at the time of placing it by bank transfer, PAYPAL, check or transfer within 30 (thirty) days. All orders are payable in euros. Accepted bank cards or credit cards are: Carte Bleue®, Visa®, Eurocard/Mastercard®. The order is shipped to the Customer only after verification of the payment method and receipt of authorization to debit their card. The order will then be processed within the deadlines mentioned on the site.
4.3 Unless otherwise stipulated, packaging and transport costs are excluded from the offers proposed by the company ODILON+.
4.4 In the event of non-payment, penalties of an amount equal to the legal interest rate are automatically applicable to unpaid amounts after a period of TEN (10) days following the invoice date or as soon as notification of rejection of bank payment or any other means of payment.
The company ODILON + reserves the right to suspend or cancel any order and/or delivery, whatever the nature and level of execution, in the event of non-payment of any sum due by the buyer or in the event of a payment incident or suspicion of fraud.
5. Delivery
5.1 Products purchased on the ODILON+ company website are delivered to the delivery address indicated by the Customer in the order. Delivery is made by postal parcel in Metropolitan France. The price of delivery by postal parcel is indicated on the site.
5.2 As part of delivery by postal parcel, confirmation of the shipping date is sent by email by the company ODILON+ to the Customer. Unless longer manufacturing, processing, shipping and/or delivery times are required (which the company ODILON+ will inform, if applicable, the Customer upon receipt of their order), the products ordered are delivered as announced in the summary sheet. Any subsequent change of address by the Customer before delivery may result in an extension of the delivery time.
5.3 The delivery time is calculated in working days (theoretical day of delivery not counted) from the date of confirmation of shipment of the order. The delivery date takes into account the preparation and shipping time to which is added the carrier’s delivery time. In any case, delivery of the ordered product will take place within a maximum of THIRTY (30) days from the order unless there is a special order which will be explained to the Buyer and agreed with him. The delivery time is given for informational and indicative purposes only. A delay in delivery cannot give rise to a refusal of the goods, to compensation, to damages, to withholding, nor to the cancellation or resolution of the order.
5.4 However, the Customer may terminate the contract of sale of the product by registered letter with request for acknowledgment of receipt in the event of exceeding the delivery deadline referred to above, provided that this exceedance exceeds seven days and that it is not due to a case of force majeure.
This contract is, where applicable, considered to have been terminated upon receipt, by the company ODILON+, of the letter by which the Customer informs it of its decision, if delivery has not taken place between the sending and receipt of the this letter.
The Customer must exercise this right within sixty working days from the date indicated for delivery of the goods or performance of the service.
The Customer is reimbursed by the company ODILON+ for the totality of the sums paid, as soon as possible and at the latest within thirty days following the date on which this right was exercised. This repayment is made by any means of payment.
In accordance with the law, the cancellation of the order by the Customer will not be taken into account by the company ODILON+ in the event that delivery of the Product took place between the sending and receipt of the registered letter referred to above .
When the customer chooses to have it delivered to a Mondial Relais and does not respect the deadline for collecting their package. The Odilon company will invoice him for delivery costs again.
6. Reservation of property
The Products delivered remain the property of the ODILON+ company until full payment of the price by the Customer (effective collection of the payment by the ODILON+ company). The transfer of risks on the products takes place upon receipt of the products by the Customer.
7. Receipt of products
It is the Customer’s responsibility to ensure receipt of the product and to verify, at the time of said receipt, without delay, the conformity of all the products shipped. Thus, the Customer will indicate, where applicable, on the delivery note in the form of handwritten reservations accompanied by his signature any anomalies noted (open package, damaged product, etc.). Any claim, reservation or dispute must be precise and in writing. Consequently, any complaint made to the Customer Telephone Service must be confirmed in writing to the following address:
ODILON+, 9 Allée du Chastelet 44210 Pornic.
or by email to contact@odilonplus.com.
Any complaints relating to the non-conformity of the goods or goods covered by the service must be reported to the company ODILON+ within eight days following delivery. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies noted. After this period, the Customer will no longer be able to invoke the liability of the company ODILON+ for failure to fulfill its delivery obligation.
The Customer must allow the company ODILON+ every opportunity to identify these defects and remedy them.
He will refrain from intervening himself or involving a third party for this purpose.
The liability of the company ODILON+ is limited to the replacement of goods or goods recognized as defective, to the exclusion of any compensation on any grounds whatsoever. Even if the company ODILON + has chosen the carrier, it cannot be held responsible for events occurring during transport, such as destruction, damage, loss or theft.
8. Return of products or goods
8.1 Terms
Any return of products or goods must be the subject of a formal written and express agreement between the company ODILON+ and the Customer under the terms of which the practical terms will be defined.
The costs of returning products are the responsibility of the Customer. The transport of returned products is the responsibility of the Customer.
The products or goods covered by the service which are returned must be accompanied by a return slip to be attached to the packages and must be in the condition in which the supplier delivered them.
8.2 Consequences
In the event of an apparent defect or non-conformity of the products delivered, duly noted by the company ODILON+ under the conditions provided above, the Customer may obtain free replacement or reimbursement of the products at the seller’s discretion, without being able to claim any compensation, damages or cancellation of the order.
Concerning the goods subject to the provision of services, if repair proves impossible despite the services of the company ODILON+ carried out in accordance with the rules of the art, the company ODILON+ will undertake as far as possible to find the solution most appropriate to meet the Customer’s needs.
The complaint made by the Customer under the conditions and according to the methods described in this article does not suspend payment by the Customer for the goods or goods concerned.
9. Legal right of withdrawal
Concerning the goods and/or services marketed on the Website, and apart from the exceptions listed below, Customers have the right to withdraw and return their product(s) and/or service(s). for fourteen clear days from the date of delivery thereof or from the conclusion of the contract for the provision of services, in accordance with the provisions of article L 121-21 of the Consumer Code.
The Customer may, within fourteen days following delivery of their order or the conclusion of the service contract, and concerning products subject to the right of withdrawal, exercise this right by notifying their desire to withdraw.
In accordance with article L 121-21-5 of the Consumer Code, the Customer who requests the performance of a service before the end of the withdrawal period may however exercise his right of withdrawal. In such a case, the company ODILON + is entitled to request payment of an amount corresponding to the service provided until communication of its decision to withdraw, provided that the company ODILON + has received the express request from the Customer for the execution of said service during the duration of his right of withdrawal.
On the other hand, certain products and services listed in article L.121-21-8 of the Consumer Code cannot be subject to a right of withdrawal on the part of the Customer.
These include:
the provision of services fully executed before the end of the withdrawal period and the execution of which began after express prior agreement of the Customer and express waiver of his right of withdrawal;
Thus, in the context of the provision of services, the Customer who requests its full execution before the end of the legal withdrawal period, acknowledges expressly waiving his right of withdrawal.
the supply of goods or services whose price depends on fluctuations on 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 likely to deteriorate or expire quickly;
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 audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
10. Legal guarantees
In accordance with the law, all products offered on the ODILON+ website benefit from a legal guarantee of conformity (articles L.211-4 et seq. of the Consumer Code) and a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
When the Customer acts under the legal guarantee of conformity, he has a period of two years from delivery of the goods to act. He can choose between repair and replacement of the good, subject to the cost conditions provided for by article L211-9 of the Consumer Code; it is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods (this period is extended to 24 months from March 18, 2016) and according to which the legal guarantee of conformity is applies independently of any commercial guarantee that may be granted.
The consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with in article 1644 of the Civil Code.
10.1 Extent of legal guarantees
The products are guaranteed against any material, operating or manufacturing defect for a period of 6 (six) months, from the date of their commissioning and at the latest 12 months (twelve) from their delivery.
Interventions or supplies carried out during the warranty period cannot have the effect of extending its duration.
Under this guarantee, the only obligation incumbent on the company ODILON+ will be, at its choice, the free replacement or repair of the product or element recognized as defective by its services unless this method of compensation proves impossible or disproportionate . To benefit from the guarantee, any product must first be submitted to the company ODILON+, whose agreement is essential.
Any shipping costs are the responsibility of the customer who will not be able to claim any compensation in the event of immobilization of the item due to the application of the guarantee.
10.2 Exclusions from legal guarantees
The warranty does not apply to apparent defects.
Also excluded are defects and deterioration caused by natural wear or by an external accident, or by a modification of the product not planned or specified by the company ODILON+.
Without constituting an exhaustive list, the guarantee is also excluded when the damage is due to non-compliance with the instructions for use given by the company ODILON+ concerning:
Consumable equipment,
The act of a third party, fortuitous events or force majeure,
Damage or accidents resulting from negligence, lack of supervision or maintenance by the Customer,
Malfunction resulting from accidents which could not have originated from a manufacturing or repair defect,
Problems arising following modifications to the installation or its operating conditions in the event that they were carried out without the agreement of the company ODILON+.
11. Limitation of liability
11.1 The liability of the company ODILON+ following a failure in the delivery or quality of a product is limited, by express agreement, to the price of the product.
11.2 The company ODILON+ cannot be responsible for any indirect damage resulting from the use that the Customer planned to make of the products.
11.3 The company ODILON+ cannot be blamed or held responsible for the consequences of any force majeure event as defined by case law which would tend to delay or prevent the placing of the online order and/or delivery of the product.
12. Personal information
12.1 In accordance with the Data Protection Act of January 6, 1978 as amended by the law of August 6, 2004, the Customer’s personal data (surname, first name, company name, position, electronic and geographical address, telephone number, fax number and banking information) are collected by the company ODILON+ for the purposes of proper management of orders, deliveries and invoices. It undertakes not to distribute its customer file to third parties. The Customer’s data is kept confidentially by the company ODILON+.
12.2 The Customer has at any time a right of access, modification, rectification and deletion of personal information collected by the company ODILON+ concerning him.
To exercise this right, the Customer can send an email to contact@odilonplus.com.
In either case, the Customer must be able to prove their identity, either by scanning an identity document or by sending a photocopy of their identity document.
By placing the order, the Customer authorizes the company ODILON+ to use the personal data he provides for the management of deliveries and invoicing.
He is informed that his personal data may be used by the company ODILON+ for commercial prospecting purposes and authorizes the company ODILON+ to use his personal data to send him its commercial offers.
12.3 In application of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Client has, at the time of collection, the right to object to the receipt of prospecting documents unsolicited commercial activity by sending either an email to contact@odilonplus.com., either a letter to ODILON+ 9 Allée du Chastelet 44210 Pornic, or by specifying it on the site in the section reserved for this purpose.
12.4 Under no circumstances can the ODILON+ company guarantee the Customer against possible access by an unauthorized third party to the data that the latter has transmitted to it via its website. Consequently, the company ODILON+ cannot be held responsible for any damage resulting from the violation of the security of its website by an unauthorized third party and not attributable to its negligence.
13. Intellectual property
All elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.) constituting the ODILON+ website are the exclusive property of the ODILON+ company. It is prohibited for anyone to reproduce in whole or in part, by any means whatsoever (except as expressly provided herein), to distribute, publish, transmit, modify or sell all or part of the content from the ODILON+ website, or to create derivative works from it.
It is prohibited to remove any notice of copyright, trademark or other exclusive rights from the ODILON+ website or any content appearing there. The Customer may make a single copy of the pages published on the ODILON+ website for his private, personal and non-commercial use, provided that any copy of these internet pages retains all “copyright” notices. and exclusive rights contained therein.
The brands of the products distributed by the ODILON+ company through its website as well as all logos, symbols, designs, images and product designations linked to these brands, whether registered or not, displayed on the ODILON+ company website, are and will remain the exclusive property of the owners of these brands and, as a result, are protected by copyright, trademark and design law and more generally by intellectual property law and the rules relating to unfair competition. For the full information of the Customer, the company ODILON+ indicates that any reproduction, distribution, transmission, modification or use of these brands, for any reason whatsoever, is prohibited.
14. Non-waiver
Any abstention by the company ODILON+ from exercising a right cannot be interpreted as a definitive waiver of this right nor as a waiver of these general conditions.
15. Severability of the General Conditions of Sale
If any of the stipulations of these General Conditions of Sale were to be declared null or void, the other conditions would remain in force.
16. Applicable law – Competent jurisdiction
16.1. The General Conditions of Sale and any order placed on the odilonplus.com website are subject exclusively to French law to the exclusion of the United Nations Convention on contracts for the international sale of goods.
16.2. In the event of a dispute, only the French courts will have jurisdiction. For customers who are traders, any dispute relating to the conclusion or execution of an order falls under the exclusive jurisdiction of the competent courts of Rouen.