GENERAL TERMS & CONDITIONS
The present General Terms & Conditions are concluded between OR FINE ART, (hereinafter "OR FINE ART") and an individual seeking to benefit from the services offered on the website https://orlinskishop.com (hereinafter the "Website").
ARTICLE 1 - VENDOR IDENTIFICATION
OR FINE ART is a limited liability company with share capital of €2,000.00 entered in the Paris Companies Register under no. 834 045 189, and whose registered office is located at 4 Rue François 1er, 75008 Paris.
Intracommunity VAT no.: FR15834045189
E-mail: [email protected]
ARTICLE 2 - DEFINITIONS
Capitalised terms in these General Terms & Conditions shall have the meanings set out below:
Website: shall refer to the Internet website accessible at the URL address https://orlinskishop.com
Client: refers to the co-contractor of OR FINE ART having the status of a buyer as defined by French law.
OR FINE ART: refers to the company that publishes and operates the Website.
General Terms & Conditions: refers to the present GT&C concluded between OR FINE ART and the Client, covering the use of the services offered by OR FINE ART on the Website, including the use of the Website and the purchase of Products, deemed accepted by both OR FINE ART and the Client upon confirming the Purchase Order.
Products: refers to the goods offered for sale by OR FINE ART to the Client upon confirmation of the Purchase Order.
Purchase Order: refers to the order for goods placed by the Client.
ARTICLE 3 - SPECIFIC PROVISIONS CONCERNING THE PRESENT GENERAL TERMS & CONDITIONS
3.1 PURPOSE OF THE GT&C
These General Terms & Conditions apply to the use of the Orlinski Shop Website.
The General Terms & Conditions apply, without restriction or reservation, to all sales of Products on the Website. Together with the online Purchase Order, they form the contractual documents binding on the parties, to the exclusion of all other documents, leaflets, catalogues, or photographs of the Products, whose value is merely indicative.
Their purpose is to inform the Client (i) of the conditions for using the Website, (ii) of the conditions of sale of the Products displayed on the Website, and (iii) of the respective rights and obligations of the Client and OR FINE ART.
The General Terms & Conditions are available to the Client on the Website where they can be directly consulted and accessed at any time at the bottom of the Website page.
The General Terms & Conditions are binding upon the Client who, by ticking the appropriate box, acknowledges having read and accepted them prior to placing the Purchase Order. By confirming the Purchase Order, the Client agrees to abide by the General Terms & Conditions in effect at the time of the Purchase Order, which shall be permanently retained by OR FINE ART in accordance with Article 1127-2 of the French Civil Code.
3.3 AMENDMENTS TO THE GENERAL TERMS & CONDITIONS
OR FINE ART reserves the right to modify the present General Terms & Conditions at any time. In particular, this may occur in order to adapt them to changes in the services offered on the Website, to comply with any legal or jurisprudential modifications, or to make editorial and/or technical adaptations.
In the event of any amendments to the General Terms & Conditions, those in force on the date of the Purchase Order shall apply, a copy of which, dated as of the time of the Purchase Order, may be provided to the Client upon request.
ARTICLE 4 - CREATING AN ACCOUNT
To place a Purchase Order, the Client is under no obligation to create a personal account. The Client may order a product in their capacity as a guest.
When an account is created, the login and password enabling the Client access to their account are strictly confidential in order to protect the Client's personal data. The Client undertakes not to disclose them to any third party and to keep them somewhere safe and secure. The Client is solely responsible in the event of loss or disclosure of their login details to any unauthorised third party.
OR FINE ART shall not be held liable for any fraudulent use of the Client's account attributable to the Client's negligence in keeping and protecting their login details.
ARTICLE 5 - PRODUCTS
The specific characteristics of the Products offered for sale on the Website are described on the page dedicated to each Product in accordance with Article L.111-1 of the French Consumer Code. The Client is expected to familiarise themselves with this information prior to placing a Purchase Order.
Photos illustrating the Products are not a binding contractual document. OR FINE ART shall not be held liable in any way, as the Client is required to refer to each product's description.
5.2 OPERATING INSTRUCTIONS
The operating instructions for the product, if essential, are indicated in the online catalogue or at the very latest at the time of delivery.
The Products comply with the regulations in force relating to the safety and health of individuals, fair trade practices, and consumer protection at the time they are placed on the market.
5.4 INVENTORY AVAILABILITY
All Products available on the Website are provided and delivered within the limits of available stocks. In the event the Product ordered is unavailable, OR FINE ART shall immediately inform the Client. The company may offer the Client a Product of equivalent quality and price or, failing that, a voucher for the amount of the Purchase Order to be used for any future purchase.
If the Client does not agree, OR FINE ART will refund the amounts paid.
ARTICLE 6 - PRICING
6.1 SALES PRICE
For each of the Products listed in the online catalogue, the sale prices are indicated in euros, inclusive of all taxes, excluding delivery and transport costs, which shall be specified before the Purchase Order is confirmed and added to the invoice.
The total amount to be paid by the Client is indicated on the Purchase Order confirmation page.
The Product's sale price is that applicable on the date of the Purchase Order.
In the event of promotional offers, OR FINE ART undertakes to apply the relevant special price to any Purchase Order placed during the period in which the offer is being advertised.
ARTICLE 7 - PURCHASE ORDERS
7.1 CONCLUDING PROCEDURE
To place a Purchase Order, the Client confirms being at least 18 years old and having the legal capacity or holding parental authorisation enabling them to place a Purchase Order on the Website. OR FINE ART reserves the right to request, at any time, proof of any such parental authorisation.
To place a Purchase Order, after having added the selected Products and the desired quantities to the virtual shopping cart, the Client clicks on the "CONFIRM ORDER" icon and provides their delivery and payment information.
Before clicking on the "Purchase Order" button, the Client always has the opportunity to check the details of their Purchase Order, its total price, and to return to the previous pages to modify any possible errors.
Confirming the Purchase Order implies acceptance of the General Terms & Conditions and concludes the contract. An e-mail acknowledging receipt of the Purchase Order and its payment is promptly sent by OR FINE ART to the Client.
7.2 MODIFYING THE PURCHASE ORDER
Any Purchase Order modification requested by the Client after validation and payment is subject to OR FINE ART's acceptance.
OR FINE ART is entitled to make any changes to the Product ordered resulting from technical developments under the conditions set out in Article R.212-4 of the Consumer Code.
7.3 VALIDATING THE PURCHASE ORDER
OR FINE ART reserves the right to refuse a Purchase Order for any legitimate reason. This applies in particular if the quantities of Products ordered are abnormally high for buyers with the status of consumers.
The Purchase Order may be cancelled by the Client by registered letter with acknowledgement of receipt or in writing via an alternative durable medium in the event of:
- Delivery of a product not compliant with the product's specified characteristics;
- Delivery beyond the deadline indicated in the Purchase Order or, in the absence of such a timeframe, within thirty days of concluding the contract. This will apply after OR FINE ART is requested, in the same way and without result, to make the delivery within a reasonable extended deadline;
- An increase in price that is not justified by a government imposed technical modification of the Product.
The Purchase Order may be cancelled by OR FINE ART in the event of:
- Refusal by the Client to accept delivery;
- Non-payment of the Purchase Order.
ARTICLE 8 - PAYMENT
Once the Purchase Order is confirmed, the price is payable in full.
The Purchase Order is payable in euros, by secure payment method, via PayPal, or by bank card using PayPlug in Visa or Mastercard, ticking the fields provided for this purpose.
OR FINE ART reserves the right to cancel any Purchase Order and any delivery in the event the Client fails to pay the agreed price.
ARTICLE 9 - DELIVERY
Delivery is understood to be the transfer of physical possession or control of the goods to the Client.
9.1 DELIVERY TERMS
The delivery period begins once the Purchase Order is confirmed and the payment is fully settled and collected. The delivery deadline shall not exceed 30 working days from the confirmation of the Purchase Order.
9.2 LATE DELIVERY
If the ordered Product is not delivered within 30 working days at the latest from the Purchase Order's confirmation, the Client, after having unsuccessfully requested OR FINE ART to fulfil its delivery obligation within a reasonable additional period, may terminate the contract by registered letter with acknowledgement of receipt to the address indicated at the top of these General Terms & Conditions.
OR FINE ART shall not be held liable for any delivery delays caused by a force majeure event as well as strikes or any other incident hindering the transport of goods or persons.
9.3 DELIVERY ADDRESS
Products are shipped to the address indicated by the Client on the Purchase Order.
9.4 DELIVERY METHOD
Delivery shall be made by directly handing over the Product to the Client or, failing that, by sending a notice of availability to the Client. Within fifteen days of the notice of availability, the Client must pick up the Product ordered.
In the absence of collection within the time limit indicated, and after a formal notice sent by the Client remains without effect, OR FINE ART may proceed to cancel the Purchase Order and retain the deposit paid as compensation.
At the time the Product is delivered to the address indicated on the Purchase Order by a carrier, it is the Client's responsibility to check the condition of the delivered Product in the presence of the carrier. In the event of damage or missing items, the Client must immediately report any reservations on the delivery slip or the transport receipt, and if necessary, refuse the Product and notify OR FINE ART.
9.5 PRODUCT CONFORMITY
If the Product is found not to correspond to the Purchase Order, the Client shall send a complaint to OR FINE ART in order to obtain a replacement of the Product or possibly the cancellation of the sale.
9.6 FAILURE TO DELIVER
A total failure to deliver shall result in the automatic cancellation of the Purchase Order.
9.7 TRANSFER OF RISK AND OWNERSHIP
The risk of loss or damage to the goods passes to the Client at the moment the Client, or a third party designated by the Client, takes physical possession of the goods, regardless of their nature.
The transfer of ownership of the Products to the Client will only take place once the price is paid in full by the Client, regardless of the Product delivery date.
ARTICLE 10 - LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
The Products sold on the Website are covered by the legal guarantee of conformity in accordance with Articles L.217-4 to L.317-14 of the French Consumer Code and the legal guarantee against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code.
10.1 IMPLEMENTING THE CONFORMITY GUARANTEE
OR FINE ART shall deliver a Product in conformity with the Purchase Order and shall be liable for any defects in conformity existing at the time of delivery. OR FINE ART shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation, if these were placed under its responsibility by the contract or were carried out under its responsibility.
The Client is advised that, in accordance with the law, in order to comply with the Purchase Order, a good must:
Be suited to the use normally expected of similar goods and, where applicable:
Correspond to the description provided by OR FINE ART and meet the quality that the latter represented to the Client in the form of a sample or model;
Exhibit the quality that a buyer may legitimately expect in light of the public statements made by OR FINE ART, by the producer or their representative, particularly in advertising or labelling;
- Have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose specified by the Client, brought to the attention and accepted by OR FINE ART.
Any claims arising from a lack of conformity shall be prescribed after two years from the delivery date of the goods.
10.2 IMPLEMENTING THE HIDDEN DEFECT WARRANTY
OR FINE ART shall be held liable for hidden defects in the item sold rendering it unfit for its intended use, or which diminish this use to such an extent that the Client would not have acquired it, or would only have paid a lower price for it, had they been aware of them.
Claims arising from critical defects must be brought by the purchaser within two years of discovering the defect.
The Client may opt to invoke the warranty against hidden defects of the item sold in accordance with Article 1641 of the Civil Code. In such circumstances, the Client may choose either to cancel the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 11 - RIGHT OF CANCELLATION
In accordance with the legal provisions in force, the Client is entitled to a period of 14 days from reception of the Products to exercise their right of cancellation with OR FINE ART. The Client is not required to give any reason or pay any penalty, provided the Products are returned in perfect condition in their original packaging, suitable for resale.
This cancellation right cannot be invoked for Products made and/or personalised at the Client's request, the manufacture of which requires particular adaptations to meet precise technical and aesthetic requirements.
This right of cancellation may be applied by sending to OR FINE ART an unambiguous return claim expressing the Client's intention to cancel the Purchase Order.
The Client must then return the Products to OR FINE ART at their own expense within 14 days of the cancellation notification.
Products returned incomplete, ruined, or damaged will not be refunded.
The Client shall be reimbursed upon reception of the Products, at the latest within thirty (30) days from the date on which the Client validly notifies OR FINE ART of their right of cancellation.
ARTICLE 12 - LIABILITY
12.1. EXEMPTION FROM LIABILITY
OR FINE ART shall not be held liable in the event of non-performance or improper execution of the contract due either to the Client's fault, or to the insurmountable and unforeseeable act of a third party to the contract, or to a force majeure event.
12.2. DEFECT IN THE PRODUCT'S SAFETY
If damage is caused by a Product safety defect, the Client shall hold the manufacturer liable, identifiable from the information on the Product's packaging.
12.3. USING THE WEBSITE
The Website is accessible 7 days a week and 24 hours a day, with the exception of force majeure events and maintenance periods determined at OR FINE ART's discretion.
Should a technical problem make access to the Website impossible, OR FINE ART undertakes to employ all reasonable means at its disposal to find and apply technical solutions in order to restore access to the Website.
The Client is solely responsible for the proper functioning of the material enabling their Internet access to the Website. OR FINE ART may not be held liable for any difficulties encountered by the Client in accessing the Website caused by the Client's computer equipment.
The costs incurred in using the Website, including computer equipment, mobile phones, tablets, computers, and so on, shall be borne exclusively by the Client.
ARTICLE 13 - CANCELLATION CLAUSE
Cancellation of the Purchase Order in the cases provided for in these General Terms & Conditions shall be declared by simple registered letter with acknowledgement of receipt or by e-mail and shall be automatically effective without any further judicial formality.
ARTICLE 14 - INTELLECTUAL PROPERTY
The visual elements such as texts, images, user interface, and graphic charter, as well as the audio, software, and databases reproduced on this Website, are the exclusive property of OR FINE ART and are protected by intellectual property rights.
Any reproduction, representation, and distribution of these elements, without prior written authorisation from OR FINE ART, subjects the offenders to legal proceedings. OR FINE ART retains the right to bring legal action against any and all acts of counterfeiting, unfair competition, or free riding committed against it and more generally any act infringing on its rights.
ARTICLE 15 - PERSONAL DATA
ARTICLE 16 - MEDIATION
16.1 PRIOR COMPLAINT
In the event of a dispute, OR FINE ART and the Client will seek an amicable agreement, providing each other with all necessary information.
To this end, the Client may address a complaint to OR FINE ART:
- By e-mail to: [email protected]; or
- By regular mail to the following address:
SARL OR FINE ART
4 Rue François 1er
16.2 MEDIATION REQUEST
In the event of failure to reach an agreement with OR FINE ART or in the absence of a response within two months, the Client may submit the dispute relating to either the Purchase Order or to these General Terms & Conditions to a mediator. This mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.
The parties to the contract are free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 17 - JURISDICTION
Any dispute relating to the formulation, interpretation, and execution of these General Terms & Conditions that cannot be resolved amicably shall be subject to the jurisdiction of the French courts.
ARTICLE 18 - APPLICABLE LAW AND LANGUAGE
The present General Terms & Conditions and the transactions arising therefrom are governed by French law.
They shall be drawn up in French. If they are translated into one or more languages, only the French text shall be binding in the event of a dispute.