Updated on 15/04/2018
PUBLISHER AND SELLER
The website www.olaaf.fr (hereinafter the “Site”) is published and operated by OLAAF SAS (hereinafterreferred to as: the Company), a company with a capital of 10,000 euros and a registered address at 18, rue Andre Del Sarte, 75018 PARIS, registered with the Paris RCS under reference n° 834 365 249, represented by its CEO Mr. Antoine Hériou, intra-Community VAT number: FR89834365249
Customer services can be contacted by email: [email protected]
Managing Editor: Mr Hériou Antoine
DEVELOPMENT AND INTEGRATION
Le Site est développé par :
– Located at 40 rue du mont valérien, 92210 Saint Cloud
– registered under reference n°53835508200016.
The site is hosted by:
– Etienne Colaitis,
– whose registered office is at 40 rue du mont valérien, 92210 Saint Cloud
– registered under reference n°53835508200016.
GENERAL TERMS AND CONDITIONS
((Updated on 15/04/2018)
ARTICLE N° 1: SCOPE
The present general conditions of sale apply to all the sales concluded between the Company, Olaaf, a simplified joint-stock company registered with the register of trade and companies of Paris under reference number 834 365 249 whose registered office is at 18, rue André Del Sarte 75018 PARIS (hereinafter referred to as “Olaaf”) and the consumer, customer through the online store (hereinafter referred to as the “Customer”). Consumer means any natural person who is acting for the satisfaction of personal needs with the exclusion of any professional need.
ARTICLE N° 2: OBJECT AND ACCEPTANCE
2.1 – Purpose of the GTC
2.2 – Acceptance and update of GTC
The GTC are available on the Site and accepted by the Customer prior to placing any order. The Customer declares to have read them before placing an order and accept the rights and obligations thereunder. Placing an order implies the immediate, full and unreserved acceptance of the GTC by the customer.
Olaaf reserves the right to unilaterally modify the present General Terms and Conditions at any time. Any new version will be indicated by a specific mention on the Site. The general terms and conditions applicable to an order are those in force on the Site at the date the order is placed by the Customer.
ARTICLE N° 3: PRODUCTS
3.1: Product Characteristics
The products offered for sale (hereinafter the “Product(s)”) are those listed in the catalogue published on the Site. The Products offered are correct as long as they appear on the Site and are subject to availability of stock. Each Product is accompanied by a detailed description established by Olaaf. The photographs in the catalogue are true and fair representations of the Products but are not guaranteed to perfectly match the Product displayed, which colour may slightly vary. Therefore, the photographs, graphics and descriptions of the Products offered for sale on the Site are only indicative and are not binding on Olaaf. The dimensions of the Customer’s box watch or wrist being measured and provided by the Customer when ordering, Olaaf cannot be held responsible for any inaccuracies in this information. Additional information can be requested in writing from Customer services whose details are included in Article 14, “Customer services” below.
3.2: Unavailability of Products
If the Product ordered is not available after placing an order, Olaaf will inform the Customer by email to the address provided during the order process.
The Customer can then choose to have a similar Product (in quality and price) delivered, or to receive a refund at the latest within fourteen (14) days of his payment. Beyond this term, these amounts earn interest at the legal rate.
ARTICLE N° 4: ORDERING
The Customer wishing to place an order for a Product must follow the following process:
– Product selection: The Customer must indicate on the online configurator his choice of customisation by following the sequence indicated; the Customer can always go back to modify his selections; the Customer is redirected to the shopping cart page once the configuration is complete;
– Checking the contents of the selection and validation of the order: The Customer must validate his order by pressing the “place order” button after having verified its content and the price;
– Order and Identification: The Customer must fill in the identification form where he will indicate his details and the desired delivery address; He will have the opportunity to double-check his order and go back to modify it;
– Confirmation of the payment type: The Customer must indicate the details necessary for the payment type selected;
– Validation of the General Terms and Conditions: The Customer must check the “I have read and accept the General Terms and Conditions” box. Until the final stage of the payment, the Customer can return to previous pages and correct and modify his order and the information previously provided.
– Payment: The Customer must make payment within the conditions laid out in Article 5 “Price – Payment” below;
– Order confirmation: Any order placed on the Site will be the subject of a prompt confirmation by Olaaf via an email sent to the address of the Customer summarising the content of the order.
The validation of the order expresses the acceptance by the Customer of Olaaf’s offer contained in the order form as well as the present general terms and conditions. Olaaf reserves the right not to accept an order of more than 10 Products when it is considered that the Customer does not act as a consumer. Subject to compliance with the provisions of Article 12 “Personal Data”, any order placed on the Site www.olaaf.fr will be archived for a minimum duration of ten (10) years.
ARTICLE N° 5: PRICE – PAYMENT
Payment for the Products is due at the time of ordering. It is expressed in euro, pound sterling, Swiss franc or in US dollars and is deemed to include all taxes on the day of placing the order. The Products prices do not include the delivery costs charged in addition according to a tariff available on the Site as well as on the order summary. Any customs duties and taxes, other than the tax on the added value are also charged in addition to the price and must be paid by the Customer.
The prices do not include the cost of accessing the Site, which is exclusively at the expense of the Customer. Olaaf reserves the right to change the prices and/or the delivery costs at any time. The price and delivery costs applicable to an order are those in force at the time of the order by the Customer.
5.2: Payment terms
Payment must be made by bank card. Bank cards accepted are cards bearing the acronyms CB, VISA, EUROCARD/MASTERCARD, AMERICAN EXPRESS.
The order will only be processed by Olaaf once the total amount due for the Products and the delivery costs have been paid in full and cashed.
The payment will be made through the online payment platform offered by Olaaf’s bank (BNP) to which the Customer will be automatically directed. The Customer’s account will be charged on the day of the order.
The Customer is informed that Olaaf requires the use of the 3D Secure or Verified by Visa security systems ensuring the confidentiality and security of banking transactions. The Customer is invited to request access to these services from his bank. Olaaf never has access to personal and confidential information relating to the payment means. Therefore, the Customer’s banking details will be required again for every new order. Indeed, only BNP will
hold the confidential information (card number, expiry date). They are inaccessible by a third party.
A paper invoice mentioning the payment will be addressed to the Customer with the parcel containing the Product. The Customer agrees to only receive an electronic invoice.
ARTICLE N° 6: DELIVERY
6.1: Terms and delivery address
The Products are delivered by an express carrier (Colissimo or other) to the address indicated in the order form.
The Customer can request for the Product to be delivered to a third party at a different address.
Olaaf will inform the Customer when the Product is shipped and will provide relevant information about a potential tracking system offered on the carrier’s website. In the case of simultaneous ordering of multiple bracelets, these may be delivered in separate parcels.
In the absence of the Customer at the agreed delivery date, a notice of delivery attempt will be left in his post box or a delivery notification will be sent to him on the carrier’s website.
6.2: Delivery date
The delivery deadline proposed by Olaaf to deliver the Product will be sent by email to the Customer.
The Customer will be immediately notified if Olaaf becomes aware that the proposed deadline may be exceeded.
In the case of a delay, the Customer is entitled to cancel its order by sending an email to the following address: [email protected]
The Customer is not obliged to accept the delivery and if it is received after cancellation has been requested, it must be refused with the mention, “Refused – Cancelled due to delay”. In this case, Olaaf will refund the Product and the return costs as quickly as possible and at the latest within fourteen (14) days of the cancellation request.
If the delay in delivery is caused by force majeure as defined in the French courts, Olaaf will inform the Customer by email that the cancellation request cannot be accepted. If the delivery is delayed or hindered by an action or a circumstance falling under the responsibility of the Customer, all costs resulting from the delay will be the exclusive responsibility of the Customer.
In the case of damage in transit, a claim must be lodged with the carrier within three days from the date of delivery.
6.3: Delivery times and costs
The delivery times and costs applicable on the Olaaf Site are:
COUNTRY DELIVERY TIME COSTS
FRANCE 7 working days (from order confirmation) Free
EUROPEAN UNION 14 working days (from order confirmation) 10 euros
REST OF THE WORLD 14 working days (from order confirmation) 25 euros
ARTICLE N° 7: RETURN FOR NONCONFORMITY
In the case of non-conforming of faulty delivery of the order, the Customer is entitled to return, for exchange or refund, any Product ordered on the Site within the time frame provided by the Law after the delivery date. The Products must be returned in their original condition (new, never worn), complete, in
their original packaging, along with their purchase invoice or a copy of it as well as the reason for the return. The Customer must return the Products by a suitable delivery service, ensuring that the Products remain in perfect condition. Products returned incomplete, damaged or dirty by the Customer will not be taken back. To proceed with the return or the exchange of a Product, the Customer must contact Customer services by email at the following address: [email protected] The reimbursement of the order will be carried out within a maximum of fourteen (14) days following its receipt by Olaaf. It is the responsibility of the Customer to retain the evidence that the Products have been returned to Olaaf.
ARTICLE N° 8: CANCELLATION RIGHT
8.1: Cancellation right
The Customer has a period of fourteen (14) days from the delivery of the Products to cancel his order without any justification nor penalty, except for the return costs. When the period of fourteen days expires on a Saturday, Sunday, pubic holiday or other non-working day, it will be extended to the next working day. The Customer can also exercise his cancellation right before the shipment of his order.
When the recipient of the Product is a third party, the latter can only request an exchange. No reimbursement of the price difference to the benefit of the third party can be made. In all cases the Customer retains his cancellation right.
8.2: Exercise of the cancellation right
To exercise his cancellation right following the purchase of a Product, the Customer must contact Customer services by email at the following address: : [email protected]
8.3: Conditions of returns of Products
The Products must be returned in their original condition (new, never worn), complete, in their original packaging, along with their purchase invoice or a copy of it to Olaaf’s address included in Article 14 “Customer services” below. The Customer must return the Products by a suitable delivery service, ensuring that the Products remain in perfect condition. Products returned incomplete, damaged or dirty by the Customer will not be taken back.
8.4: Products refund
The Products and the delivery costs are reimbursed to the Customer within fourteen (14) days following the date of shipping of the Products by the Customer using the same means of payment used for the initial transaction in application of Article L.121-21-4 of the Consumer Code, following the date on which the withdrawal was requested. Beyond this term, these amounts earn interest at the legal rate. Refunds are made by crediting the bank card the Customer used to pay for the Product. The return costs are borne by the Customer.
8.5: Products excluded from In accordance with Article L.121-20-2 of the Consumer Code, the cancellation right is excluded for Products manufactured to the particular specifications of the consumer or significantly customised. This is particularly the case for watch bracelets produced to specifications chosen by the Customer in terms of size, colour, clasp, etc.
ARTICLE N° 9: WARRANTIES – RECOMMENDATIONS FOR USE
The Products benefit from the legal warranty of conformity provided by articles L. 211-1 and following of the Consumer Code against defects present at the time of delivery and the legal warranty against the faults or hidden defects of the Products sold. These warranties must be invoked by the Customer in a period of two (2) years from the order date for the legal warranty of conformity, and in a period of two (2) years from the date of the discovery of the fault for the legal warranty against hidden defects.
The appearance and the size of the Products sold by Olaaf are likely to evolve in time. Therefore, Olaaf’s responsibility and the warranty are excluded in the event of a variation of the bracelet size of more or less two tenth (2/10th) of a millimetre for the width of the box and more or less two (2) millimetres for the length of the strand compared with the specifications chosen by the Customer when ordering as well as a variation in colour of one (1) tint from the original colour selected by the Customer when ordering.
Olaaf’s responsibility and the warranty are excluded in case of a fault arising from the use of the Product by the Customer and in particular in cases of abnormal use, non-conform to its intended usage, poor maintenance or non-respect of the maintenance and use instructions communicated or made available to the Customer by Olaaf, in case of negligence, fault or violation of his contractual obligations by the Customer, unpredictable and insurmountable circumstances due to a third party to the contract or force majeure.
9.2.: Recommendations for use
The perfume integrated within our material has an estimated life span limited to six (2) months to one (5) year in daily and normal use. To retain their quality and appearance, Olaaf bracelets should never be immersed in salt water and should never be exposed to the sun. Olaaf uses a hypo-allergenic material, respecting the regulations in force and in particular European Regulation n°1907/2006 concerning the registration, evaluation and authorisation of chemical substances, as well as the restrictions applicable to these substances (REACH) and cannot therefore be held responsible in the event of Customer reactions or allergies related to the use of the Product.
ARTICLE N° 10: LIABILITY
The Customer connects to the Site using his own telecommunications equipment. The Customer is solely responsible for his Internet connection. Olaaf cannot therefore be held responsible for damages resulting from the use of the Internet network such as loss of data, intrusion, the action of viruses or the rupture of service. Olaaf does not guarantee that the Site is running continuously and without error. Olaaf cannot be held responsible for the unavailability of the Site or any part of its services but is committed to endeavour to try to resolve the issue promptly.
Olaaf is not responsible for technical issues that may occur on the networks it has no control over (telecommunications, electricity, Internet, providers of the bank or other), nor in a general way for damages that are not attributable to itself such as those caused by negligence, error, fault or failure to respect his contractual obligations by the Customer, unpredictable and insurmountable circumstances due to a third party or force majeure.
Olaaf will not be responsible for the failure to perform or the improper performance of its obligations such as delay or delivery problem due to circumstances beyond its control and, in particular, in the case of a fault, error or negligence by the Customer, incorrect, incomplete or inaccurate data entry or contact information by the latter in the configurator, at the time of the order or at the time of payment, or unpredictable and insurmountable circumstances
due to a third party or force majeure. The Site may include offers presented by partners of Olaaf or links to Internet sites of partners. Olaaf is not responsible for the content of the Internet sites of partners on whom Olaaf exercises no control.
ARTICLE N° 11: INTELLECTUAL PROPERTY
All the elements composing the Site and the Olaaf online store are and remain the exclusive property of Olaaf.
No one is authorised to represent, reproduce or use in any way whatsoever, even partially, the elements of the site, whether they be software based, visual or audio.
ARTICLE N° 12: PERSONAL DATA
12.1 : Olaaf collects and processes personal information provided by the Customer.
The Customer’s personal data collected and how long this data is retained for is:
• Name – Retained for:3 years
• First name – Retained for:3 years
• Phone – Retained for:3 years
• Email adress – Retained for:3 years
• Delivery address – Retained for:3 years
• Billing adress – Retained for:3 years
12.2: Use of personal data
It is reiterated that the nominative data requested from the Customer is necessary to the provision of the Products marketed on the Site, to their improvement and to the maintenance of a secure environment. More specifically the uses are the following:
– Access and use of the Site by the Customer;
– Operational management and optimisation of the Site;
– Audit, identification and authentication of the data transmitted by the Customer;
– Treatment of orders and establishment of invoices;
– Implementation of Customer support;
– Customisation of Products by displaying adverts based on the browsing history of the Customer, according to his preferences;
– Prevention and detection of fraud, malware (malicious software) and management of security incidents;
– Management of possible disputes with the Customer;
– Sending of commercial and advertising information, according to the preferences of the Customer; [email protected]
If the Customer refuses, he is informed that he will not be supplied with Product by Olaaf. All aspects of the processing of information and personal data communicated via the Site (including the online store) have been declared to CNIL on the 00/00/0000 under number [____]. The controller is Olaaf + (First Name and Name) + (Position), together with the company [_____] (First Name and Name) + (Position).
12.3: Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
– When the Customer uses the payment services – for the implementation of these services, Olaaf is in relations with third party banking and financial organisations with whom it has contracts;
– When the Customer authorises a third-party Site to access its data;
– When Olaaf uses the services of suppliers to provide Customer assistance, advertising and payment services. These providers have limited access to Customer data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data privacy regulations;
– If required by law, Olaaf can transfer data to follow up complaints made and to comply with administrative legal proceedings;
– If Olaaf is involved in a merger, acquisition, asset disposals or receivership proceedings, it may be brought to assign or share all or part of its assets, including personal data. In this case the Customer will be informed before the personal data is transferred to a third party;
12.4: Security and confidentiality
Olaaf implements organisational, technical, physical and software digital security to protect personal data against alterations, destructions and unauthorised accesses. However, the Internet is not a completely secure environment and Olaaf cannot guarantee the security of the transmission nor the storage of information on the Internet.
12.5: Implementation of Customer rights
In application of personal data regulations, the Customer is entitled to:
– Update or delete the data related to him by connecting to his account and by configuring the settings of this account;
– Delete his account, exercise his right of access to find out the personal data related to him. In this case, before the implementation of this right, Olaaf may ask the Customer for proof of his identity to confirm its accuracy.
– If the personal data held by Olaaf is incorrect, the Customer may request its update.
– The Customer may request the deletion of his personal data in accordance with the laws applicable in data protection. All such requests must be made in writing to the address mentioned in Article 14 “Customer services” below.
Olaaf may send the Customer email informing them of new Products in its catalogue. The Customer may request to no longer receive these solicitations by clicking on a link provided for this purpose.
12.6 : Cookies
The Customer may oppose the recording of cookies by configuring his browser accordingly.
12.7 : Links
ARTICLE N° 13: AGREEMENT ON PROOF
These general conditions, the order form validated by the Customer, the invoice as well as the data recorded during the placing of the Customer order are retained by Olaaf in an electronic format with a system in place to ensure their integrity. The above electronic records will be considered by the parties as proof of communication, order and the contract of sale concluded online between them. The Customer agrees to receive the various communications stipulated in the present general conditions including concerning the delivery and the return of the Products by electronic mail to his address provided during the ordering process. When the Customer chooses to contact Olaaf by email, he accepts that the latter will only answer him and further contact him via the same channel.
ARTICLE N° 14: CUSTOMER SERVICES
Any request for cancellation, resolution, exchange or warranty of the Products as well as any claim must be made either by post to Olaaf, Online shop, 18, rue Andre Del Sarte 75018 PARIS, by email to [email protected]
ARTICLE N° 15 – LANGUAGE OF THE CONTRACT
The contract is concluded in French and English.
ARTICLE N° 16: APPLICABLE LAW – ATTRIBUTION OF JURISDICTION.
The law applicable to this contract is the French law with the exclusion of the Vienna Convention on the International Sale of Goods. Any dispute concerning its interpretation, execution or termination will be the exclusive competence of the materially and geographically competent French Court notwithstanding warranty appeal or multiple defendants.
ARTICLE N° 17: MEDIATION OF CONSUMER DISPUTES:
In the event of litigation or dispute, the Customer/consumer may resort to conventional mediation, particularly with the Commission for the evaluation and control of the mediation of the consumer or with existing sectoral mediation bodies, or any alternative medium for the resolution of conflicts in the event of a dispute. Article R.156 – 2 of the Consumer Code states that “The Internet site of the Commission for the evaluation and control of the mediation of the consumer includes all the information necessary to the consumer in case of dispute in cross-border commerce. It provides in particular the coordinates of the European Consumer Centre France and information relating to the modalities of the assistance consumers can benefit from in view of the extra-judicial
resolution of such disputes." The Customer/consumer can also use the mediation service offered by Olaaf. The mediator offered by Olaaf is [Antoine Heriou, [email protected] and Internet site of the mediator selected.
ARTICLE N° 18: ONLINE DISPUTE SETTLEMENT
In accordance with Regulation (EU) No. 524/2013 concerning the “online settlement of consumer disputes” applicable since 9 January 2016, the European Commission has put in place a European platform facilitating the independent extra-judicial resolution of online disputes between consumers and professionals.
The Customer can access to this platform by clicking on the following link: http://ec.europa.eu/consumers/odr/
The Customer may also contact Olaaf at the following address:
Address: 18 rue André Del Sarte, Paris, 75018 France
Email: [email protected]