Applicable Terms of sales on November 15, 2018.
1. Purpose
1.1 The following stipulations establish the General Terms of Business for the
sale of products proposed by My O’BE company, (limited liability company), with a capital of 1000€, whose headquarters are situated at 42 rue Chazière, 69004 Lyon, under number R.C.S. 841 892 003 Lyon (hereafter referred
to as « seller»), and the (non-professional) on-line consumer, (hereafter referred to as the « Customer »), on the www.my-obe.com website (hereafter referred to as the « Website »).
The present General Terms of Business are governed by French law. In the event of litigation, the competent court shall be that of the defendant’s
place of residence, or at the request of the claimant, the effective address of
delivery of the product.
The Website is governed by French law and My O’BE in no way
guarantees it to be compliant with local legislation that could be applicable
if the Customer accesses the Website from another country.
When a client makes an order on www.my-obe.com, it means that he fully accepts these terms of sales (hereafter referred to as “Terms of sales” or “GTB”) and waives any conflicting documents.
The present GTB apply to any purchase made via the Website.
The present GTB, dated specifically, can be modified at any time by My O’BE. The applicable Terms are those in force at the time when the order was placed.
The present General Terms of Business, the order confirmation email and the
invoice constitute the contractual documents that govern the commercial
relations between the Parties
1.2 The Terms and Conditions are accessible at any time on the Website and prevail over any other version or any other contradictory document
The Customer has the right to request that the GTB be sent to him by the Seller, by e-mail. He can also save, edit or copy them, however the backup, edition or copying of this document fall under his sole responsibility, the GTB’s may be subject to modifications.
2. Products and services
My O’BE informs the Customer of the essential characteristics of
the products and services offered on the Website by clicking on the product’s description. However, the Customer is advised to read carefully the information concerning each product and the all details (precautions for use, conditions of use, etc.) and the packaging information.
2.1 My O’BE Case
For the product called “Mon Coffret My O’BE”, My O’BE Case in english, the deliveries for this product are available, for the time being, only in metropolitan France, Corsica and Monaco. Orders that do not meet this geographical condition will not be considered.
The photographs, pictures and other drawings presenting the products in context represent suggestions of presentation. They do not bind the Seller and appear only as a presentation of the products. If errors are introduced, the Seller cannot be held liable under any circumstances.
3. Order
It is up to the Customer to select on the website the Products he wishes to order, according to the following conditions:
3.1. Navigation within the website
The Customer can study the various Products offered for sale by the Seller on the Website. The Client can freely browse the various pages of the Website, without being obliged to place an order.
3.2. Order registration
If the Customer wants to order, He must select the products he/she wishes to buy, on the Website, by clicking on the button « Add to basket ».
This allows the product that has been selected to be added to the “cart” or “Add to cart”.
At any moment, the Customer can:
-Obtain a summary of the products he/she has selected, by clicking on « My shopping cart » in the top right-hand corner of the screen;
-Continue the selection of items by clicking on the icon « Continue shopping » after viewing the cart;
-Modify the quantities ordered on the summary of products selected by clicking on the icon « My shopping cart » then by selecting the
items he/she wishes to remove or add by clicking on the « Quantity » button to the right of the cart;
-Complete the selection of items and place the order by clicking on the button « Next ».
To confirm the order the Customer must be identified by creating an
account on the website. The registration form must be filled in precisely with
the information required for identification including, first name, surname,
address and email address.
Moreover, the Customer must provide a login (email address) and a chosen
password which will be treated as personal and confidential and which will be
needed in the future for identification to access the website.
The Customer then confirms the order, by specifying the exact delivery
address of the ordered items and the means of payment by clicking on « Order
confirmation ».
The Customer is informed and agrees that the seizure of these two identifiers is proof of his identity and expresses his consent.
Once the Customer has been identified, he must validate the delivery address. A purchase order will appear on the screen, detailing in particular: the nature, quantity and price of the Products retained by the Customer, as well as the total amount of the order, the details of the Customer, the delivery time of the Products, the address Delivery of Products.
The Customer may correct any errors before confirming his order. If this is the case, a new purchase order will be automatically edited.
The Seller’s liability cannot be incurred in the event that the information provided by the Customer is false or incomplete.
3.3. Final validation of the order
After having read the order form, and once all the requested information has been completed by the Customer, the latter will tick the box of acceptance of these Terms and Conditions and click on “Confirm Order”. The validation of the order includes the mention “Order with obligation of payment”.
This second click constitutes an electronic signature. This signature has value and engages the Customer as well as a handwritten signature. The purchase order will be recorded on the Seller’s computer records, which are themselves stored in a reliable and durable medium and will be considered as proof of the Customer’s commitment.
The Customer may choose the method of payment he wishes from among those proposed by the Seller and proceed to the payment of the Products under the conditions of Article 7.
3.4. Order summary
Once he has validated his method of payment on the website (if necessary with the provision of his card number and the expiry date), a summary of the Customer’s order will be displayed and mention the number of the transaction.
The sale will be considered final only after the display of the summary of the order by the Seller, which is an acknowledgment of receipt of the order. It will then be sent to the Customer an email summarizing and confirming the order.
This confirmation will include the designation of the ordered products, their price, their method of payment and the delivery terms. In accordance with the provisions of Article L. 121-19 of the Consumer Code, this confirmation will indicate the address and telephone number to which the Customer can submit his claims.
3.5. Proof of the order
In any case, the online provision of the credit card number and the final validation of the order will be proof of the completeness of the said order in accordance with the provisions of the law n ° 2000-230 of March 13, 2000 and the amounts involved for the selection of products and services listed on the order form will be due for payment.
This validation constitutes signature and express acceptance of all the operations carried out on the website. The computerized records, stored in Seller’s computer systems under reasonable security conditions, shall be considered as proof of communication, orders and payments between the parties.
The archiving of purchase orders, confirmations of orders and invoices is done on a reliable and durable media backup support so as to correspond to a reliable copy whose integrity is guaranteed in time in accordance with the legal provisions in force.
3.6. Tracking the order
The Customer can at any time consult the status of his order by consulting “My Account”. This follow-up allows the Customer to know the processing status of his order, but also the state of shipping or delivery of his purchases. The Customer may at any time contact the Customer Service of the Seller to be informed of the tracking of his order, under the conditions of Article 15 hereof.
4. Product Availability
Products and services are offered within the limits of the available stocks and the capacity of the Seller.
The Seller makes a frequent update of the availability on the website, but he cannot be held responsible if the stock is not identical to the one indicated on the website.
In the absence of availability, the Seller agrees to inform the Customer by any means at its convenience within eight (8) days from the date of the order and to indicate to the Customer the waiting period for receipt of the Product.
If the Customer so desires, he may request the cancellation of the order by contacting the Seller under the conditions of Article 8 and obtain the refund of sums already paid within 14 days, according to the conditions set out in Article 9. The Seller cannot be held responsible for the non-fulfillment of the order in case of stock shortage or Product unavailability, so that no compensation can also be requested from the Seller by the Customer in case of unavailability of the Product ordered.
5. Price
The prices of products and services displayed on the website are in euros, all taxes included (TTC) and include participation in transport costs, except for sculptures, and customs clearance.
The Seller reserves the right to change prices at any time. The prices are applicable in the context of internet sales. They cannot, under any circumstances, be the subject of a request for application for any other mode of sale.
The price indicated in the order form published by the Seller is the final price and includes customs clearance and transport costs, except for the sculptures, calculated according to the total amount of the order and the country of destination.
The payment itself will only be considered executed after receipt of funds by the Seller.
An invoice, which the Customer can print in the “My Account” section, is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if he does not pay the price in full under the conditions indicated above.
6. Customer’s contribution to delivery costs
The delivery costs include the participation in the processing costs of the order as well as the participation in the delivery costs, that is to say, of transport and customs clearance.
Except for sculptures, shipping costs are fixed.
Participation in the processing fee is fixed. It covers the order preparation costs, its specific packaging and the insurances that guarantee proper delivery to the Customer.
The Customer acknowledges being fully informed of the participation in delivery charges which are included in the price of the products ordered.
7. Payment terms
7.1. The price is due, in full, on the date of the placing of the order by the Customer, by way of secure payment chosen by the Customer among the following means:
• By credit card (Blue card / Visa or Eurocard / Mastercard)
• By transfer. In this case, the order will only be validated upon receipt of the transfer.
• By Paypal
7.2 In case of payment by credit card, the Customer must send the name of the cardholder, the credit card number, depending on the type of the card, the expiry date thereof and the cryptogram number (3-digit number on the back of the bank card). The Customer will be automatically switched to the payment server of the Seller’s bank.
All bank details entered are securely processed and immediately encrypted. This information is only available to the banking partner so that he can get in touch with the Client’s bank. The Customer acknowledges that at no time will his bank details pass through the Seller’s computer system, which will therefore not be held liable in the event of fraudulent subtraction of the Customer’s banking data.
To ensure maximum security during orders, all credit card payments are secured by the Crédit Mutuel system.
The transaction is immediately debited on the Customer’s credit card after verifying its data. In the event that the debit of the price is impossible, the order of the Customer will be canceled.
7.3. In case of payment by PayPal, the Customer is automatically redirected to the Paypal page of the Website where he must send his email address linked to his Paypal account and his Paypal password. The commercial conditions of Paypal are then applicable. Once the Paypal payment has been validated, the Customer can complete the order on the Seller’s website.
7.4. In case of payment by transfer, the order will be considered as definitive only from the effective credit of the amount of the order on the bank account of the Seller.
7.5. Any sum not paid on its due date will automatically generate late payment interest equal to three times the legal interest rate. These interests will be due until the day of payment of the sum due, including interest.
8. Delivery
Delivery does not include installation or commissioning of products. In the case of specific requests from the Customer, it is necessary to contact the seller at the time of the order.
Deliveries are made to the delivery address indicated by the Customer at the time of the order.
They are carried out by carriers who are mandated to deposit parcels at the place indicated by the Customer.
Deliveries are made from Monday to Saturday (in the main cities), excluding Sundays and public holidays.
The Customer must check the condition of the parcel upon receipt from the carrier and refuse it in case of damage. Otherwise, the Customer will not be able to return the product to the Seller.
The participation in delivery costs, at the expense of the Customer, is detailed in Article 6 provided for this purpose.
The shipping and delivery times mentioned on the website are only indicative and subject to availability.
In the event of a foreseeable extension of the shipping time, the Seller agrees to inform the Customer as soon as possible and by any means so that the latter can then choose to maintain or cancel total or partial order.
The Seller cannot be blamed and held responsible for the consequences of any event beyond his control, including cases of force majeure or due to the carrier, which tend to delay or prevent the delivery of products ordered.
The delay of delivery or non-performance of the contract can in no case result in the payment of damages to the benefit of the Customer or any third party acting on behalf of the Customer.
In case of non-compliance with the deadline mentioned on the Website, the Customer may cancel the order by contacting Customer Service in the “Contact us” section or by sending a registered letter with acknowledgment of receipt to the following address: My O’BE Company, 42 rue Chazière, 69004, Lyon (France). The cancellation will be taken into account by the Seller only if the preparation, shipping or delivery has not occurred between the sending and receipt of the application or the said letter.
The Customer will be refunded within 14 days of receipt of the Seller’s registered letter.
The Customer undertakes to provide, at the time of the order, all the information necessary for the delivery in order to guarantee the successful completion of the delivery (in particular the telephone number with which the carrier can reach the Customer during the day in the case of a home delivery).
The Customer undertakes, for himself or for the recipient of the order, to take delivery of the products at the address he indicated when ordering.
Upon delivery, the Customer or the recipient of the products must be able, if requested, to prove his identity.
In case of delivery not in accordance with the order in quality or quantity, the Customer must inform the Seller, within 2 days after receipt of the order, indicating the reference of the order by contacting the customer service in the section “Contact Us” on the Website.
During delivery, the recipient must check the general appearance of the package of the product delivered and its contents. In the event of incomplete or non-compliant delivery, loss or damage, the Customer must make precise and detailed reservations on the delivery note and confirm them by e-mail addressed to the Seller’s Customer Service department. This e-mail must be sent within fifteen (15) days, excluding holidays, from the delivery of the products. My O’BE cannot be held responsible for the loss or damage of packages once the delivery slip has been signed.
In the event of delivery not conforming to the order in quality or quantity, if a return is necessary the Customer will have to make a request of return via the Website in the heading “My account”, “History of my orders”, then in the detail of his order. After validation of this request by the Seller, the Customer can download a return slip in the “Return Products” section, which must be attached to the returned product. In the absence of this coupon, the return of the product cannot be processed within the normal time. In the case of a delivery not conforming to the order, the expenses of return shall be borne by the Seller, the Customer will receive by mail an envelope T to stick on his parcel.
If the product is not returned in its original packaging or if the original packaging is damaged, a discount of 25% will be applied. It is mandatory to over pack the product for transport.
The impossibility of delivering the Customer due to his fault (absence during a delivery appointment, no withdrawal of parcels after delivery notification,…) results in the customer bearing the return costs, which will be deducted from the refund of the article. If the Customer wishes a new delivery, the delivery costs will be entirely the responsibility of the Customer and must be paid in advance.
9. Withdrawal period – Return of products and / or services following a change of mind
In application of Article L 221-18 of the Consumer Code, the Customer has a withdrawal period of 14 days from receipt of the products ordered in case of order of products, or from the acceptance the supply of services, in the case of order of services.
To exercise the right of withdrawal, the Customer must notify the Seller of his decision to retract by means of an email addressed to the purchase service in the “Contact Us” section of the Website.
In the event of withdrawal, the Seller will refund to the Customer all payments received from it, including the initial delivery costs, without undue delay and, in any event, no later than fourteen days from the date on which the Seller is informed of the Customer’s decision to withdraw.
The Seller will refund using the same means of payment that the Customer has used for the initial transaction, namely:
• Credit on the bank account of the card used for payment, in case of payment by credit card
•Wire Transfer,
• on the Paypal account, in case of payment by Paypal
This reimbursement will not incur any costs for the Customer, except the costs of return and shipping of the Products which will remain the responsibility of the Customer.
The Seller reserves the right to defer the refund until he has received the Products.
The Customer must return or return the Products in their original packaging, in perfect condition and accompanied by all accessories and possible notices and the return form, duly completed, to the address which will be communicated to him by e-mail, without excessive delay and, in any case, not later than fourteen days after informing the Seller of his decision to withdraw. This period is deemed to be respected if the Customer returns the Products before the expiry of the fourteen day period.
Products returned incomplete, damaged, or soiled cannot be returned.
Only the price of the returned product (s) will be refunded to the Customer.
The costs of returning and shipping the Products will be borne by the Customer.
To make his return, the Customer must, beforehand, make a request for return via the website in the section “My Account”, «History of my orders», then in the details of his order.
After validation of the request by the seller, the Customer can download a return voucher in the “Return Products” section, which must be attached to the returned product. In the absence of this coupon, the return of the product cannot be processed within the normal time.
Products must be returned to their return address on the return slip.
10. Warranties – Liability
10.1 Warranties
The products are guaranteed under the legal guarantee of conformity and the legal guarantee of the defects as defined in articles L217-4 and following of the Consumer Code and 1641 and the following of the Civil Code.
10.2. Legal guarantee of conformity
10.2.1. Article L217-4 of the Consumer Code: the seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
10.2.2. Article L217-5 of the Consumer Code: to be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar product and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the Customer in the form of a sample or a model;
– present the qualities that a Customer may legitimately expect given the public statements made by the Seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the Customer, made known to the Seller and that the latter has accepted.
10.3. Guarantee of hidden defects
10.3.1. Article 1641 of the Civil Code: the seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have it acquired, or would have paid a lower price, had he known them.
10.3.2. Article 1648 1st of the Civil Code: the action resulting from latent defects must be brought by the Customer within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the proceedings must be brought, under penalty of being declared inadmissible, within one year of the date on which the seller may be discharged from apparent defects or defects of conformity.
10.4. In accordance with Article 2, photographs and illustrations accompanying the Products on the website have no contractual value and therefore cannot engage the responsibility of the Seller.
10.5. The Seller will not be held responsible or defective if it reports the proof that the delay or the non-performance is consecutive to the occurrence of a case of force majeure or is attributable to the Customer.
11. After sales service
The Seller provides after-sales service of the products.
In case of difficulties in the use of the products, the Customer is invited to contact the Seller by email, in the “Contact us” section.
12. Retention of title
The products delivered and the services offered remain the property of the Seller until full and effective payment of the price by the Customer (actual collection of the payment by the Seller).
13.Data Protection
The Seller has IT resources to manage his client-prospect files and online sales and therefore implements processing of personal data, within the meaning of the Data Protection Act n ° 78-17 of January 6, 1978 as amended.
This processing is subject to mandatory prior formalities with the French Data Protection Authority (CNIL).
The main purpose of the processing carried out by the Seller is to ensure the smooth completion of deliveries, to improve the quality of the service, to communicate information relating to exceptional services and offers that may be of interest to the Customer and thus better meet his expectations.
The recorded information is reserved for the use of the services concerned and will not be communicated to any partners.
Where applicable, the Customer’s personal data may be used for commercial prospecting purposes electronically by the Seller, subject to obtaining prior and express Customer consent by means of checkboxes on the customer identification form.
In accordance with the provisions of the Data Protection Act n ° 78-17 of January 6, 1978 as amended, the Customer has a right of opposition to the processing, as well as rights of access, rectification and deletion of personal data.
These rights may be exercised by email sent to the Seller in the “Contact Us” section.
The Customer may change his personal information on the website at any time in the “My Account” section.
The personal data of the Customer is kept confidentially by the Seller for a period of two years from the last visit to the website but may be kept longer for legal archiving reasons.
14. Intellectual property
All elements of the Website, whether visual or sound are protected under the Seller’s intellectual property rights.
They are the exclusive property of the Seller or artists referenced by the latter.
Likewise, all texts, comments, illustrations and images reproduced on the Website are reserved under copyright and intellectual property rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the Website is strictly prohibited.
My O’BE reserves the right to modify, delete, suspend or interrupt at any time, for any reason and in its sole discretion, access to all or part of the Website, including in particular for the content and the products presented and marketed.
The Customer who has a Website in his personal capacity has the option to place on his website, for personal use, a simple link directly to the Home Page of the Website, provided that he has previously obtained the express written permission of the Seller.
Such authorization may in no way be regarded as an implicit agreement of affiliation.
Any hypertext link to the Site and using the technique of framing or deeplinking is strictly prohibited.
In any case, any link, even if expressly authorized, must be withdrawn on request of the Seller.
15. Customer Support – Helpline
The Customer may, at any time, contact the Seller by e-mail through the “Contact Us” section of the Site.
16. Links to other sites
The Website may contain links to other websites.
The Seller cannot be held responsible for the content and operation of these websites, as well as for any losses or damage (viruses …) of any nature whatsoever suffered by the Customer during a connection to these sites.
17. Completeness
In the event that one of the clauses of the General Terms of Business should be null and void due to a change of legislation, regulation or by a court decision, this cannot in any way affect the validity and the respect of the present Conditions Terms of Business.
18. Applicable law and litigation
All clauses in these General Conditions and all sales transactions referred to therein are subject to French law.
In case of dispute, an amicable solution will be sought between the parties.
In the absence of an amicable solution, all the disputes to which this contract could give rise, concerning the operations referred to herein, its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law.