Terms and conditions of sale
PREAMBLE
These General Sales Conditions (GSC) are current as of 15/04/2024.
These General Terms and Conditions of Sale and Conditions of Use of the website are offered by OA6 (hereinafter the “Seller” or the “Company”), a SAS with capital of 25,000 €, registered in the Montpellier Trade and Companies Register under number 981 852 791. The Company’s VAT number is FR28981852791.
The Company’s registered office is located at 86 rue Pierre et Marie Curie 34430 Saint-Jean-de-Védas, FRANCE. The company email address is contact@oa6.fr
Publication manager: Mr Thomas LECOURT.
The Company is the owner and publisher of the https://www.oa6.fr website (hereinafter “the Site”).
Before using the Site, the user (hereinafter referred to as “the Customer”) must ensure that he/she has the technical and IT resources to use the Site and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and free of viruses.
These general terms and conditions of sale, hereinafter referred to as “GTCS”, are subject to change without notice. In this case, the applicable conditions will be those valid at the date of the order by the purchaser.
1.PURPOSE OF THE TERMS AND CONDITIONS
The General Terms and Conditions apply to all orders received by post, by telephone, via this website or by e-mail. The purchase of a good or service by the buyer from the seller implies unconditional acceptance of the GTCS by both parties.
2. APPLICATION OF THE GVC
Together with the order form, the GCS constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which are for information purposes only.
The GCS apply exclusively to products delivered to customers established in France and/or in a member state of the European Union.
3. AVAILABILITY AND ENFORCEABILITY OF CGVS
The General Terms and Conditions of Sale are made available to customers on the Vendor’s website, where they can be consulted directly. They can also be sent to customers by telephone, e-mail or post.
The GCS are binding on the Customer, who acknowledges having read and accepted them before placing an order, by checking a box provided for this purpose. Validation of the order by its confirmation implies acceptance by the Customer of the GCS in force on the day of the order, which are kept and reproduced by the Vendor in accordance with article 1127-2 of the French Civil Code.
4. MODIFICATION OF TERMS AND CONDITIONS
The Vendor reserves the right to modify its GCS at any time. In the event of modification, the applicable GCS are those in force at the date of the order, a copy of which dated to that date may be given to the Customer on request.
5. CLAUSES OF THE CGV
The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and determining clause which led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GCS by the seller shall not constitute a waiver of the other clauses of the GCS, which shall continue to have full effect.
6. PRODUCTS
6.1 Features
The products offered for sale are the subject of a “Product Sheet” drawn up by the Company mentioning their essential characteristics within the meaning of Article L 111-1 of the French Consumer Code. Photographs, drawings, diagrams or data sheets do not constitute a contractual document.
6.2 Compliance
The products comply with current regulations relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market (Code de la Consommation art L 411-1), and more generally with current European standards (CE). For products sold in a foreign country which is a member of the European Union, the products comply with the requirements of French law in force at the time they were placed on the market.
6.3 Stock availability
The products offered are valid while stocks last. In the event of an out-of-stock order, if the restocking period exceeds 30 days, the Vendor will immediately inform the Customer, who may choose to maintain the order, be reimbursed by SEPA transfer within 30 days, or accept a credit note for the amount of the order, which may be used for any future purchase.
The Vendor is not liable for any cancellation indemnity, and cannot be held responsible for any stock shortages that may occur after the order has been placed by the Customer.
7. PRICE
7.1 Price list
In accordance with article L 112-1 of the French Consumer Code, sales prices are indicated in euros and exclude taxes; customs duties, if applicable; and delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The total amount due by the Customer is indicated on the quotation. The selling price of the product is that in force on the day the order is placed. Prices include VAT applicable on the day of the order. Any change in VAT will be automatically applied to the invoice.
7.2 Modification
The Vendor reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
7.3 Fees
Any additional charges for transport, delivery or postage, of which the Customer may have become aware prior to ordering, are mentioned on the order form. Shipping costs include a contribution to the cost of preparing and packing the order. They are fixed and may be modified for each sale.
Any customs duties and local or import taxes may not be known at the time the order is placed; they remain the responsibility of the Customer, who must pay them separately and on request from the competent authorities.
8. ORDER
8.1 Contract conclusion stages
The order is preceded by a detailed quotation, valid for 1 month from the date of its creation, mentioning the price or the method of calculating the price, and whose acceptance and signature by the Customer then constitutes a purchase order.
Any Customer wishing to place an order with the Vendor must sign an order form and/or quotation, which mainly states the essential characteristics of the Product(s) ordered, the total price excluding VAT and including VAT, the terms of payment and the indicative delivery time or duration.
Confirmation of the order takes place as soon as the order form is signed by the Vendor, or the latter sends an e-mail confirming the order, the order thus becoming firm and definitive. The signature and the words “read and approved” certify that the customer has given his agreement and waives his right of immediate withdrawal.
8.2 Order validation
All orders are subject to payment.
No order may therefore be modified or cancelled without prior written agreement between the Vendor and the Customer.
9. CONTRACT
The sales contract is formed when the Customer sends confirmation of his/her order.
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.
10. PAYMENT
10.1 Payability, cash payment
Credit card
The price is payable in full once the order has been confirmed. Payment is made immediately upon ordering via a 3DSecure system by credit card (Carte Bleue, VISA, Master Card), or by Paypal.
The Customer guarantees that he/she is fully authorized to use the bank card used, and that this bank card gives access to sufficient funds to cover the amount of the order.
The Company never has access to the bank details entered online, as these are processed solely on the secure servers of the payment service providers, i.e. Payplug and Paypal.
Bank transfer
In the event of payment by bank transfer, only SEPA standard transfers will be accepted. The order will be dispatched at the earliest D+3 after receipt of funds. The transfer order must indicate the order number so that the order can be processed within a reasonable time.
10.3 Default of payment
The seller reserves the right to cancel the order if the agreed price has not been paid.
In this case, the seller will inform the customer by e-mail.
10.4 Retention of title clause
The seller remains the owner of the products sold until full payment of the price by the Customer.
11. DELIVERY
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
Delivery and transport are made by a carrier of the seller’s choice. Transport and delivery costs are determined according to the type of item, weight and volume.
Delivery times are given for information only and correspond to average delivery times and do not engage the responsibility of the seller.
11.1 Place of delivery
Products are delivered to the address indicated by the Customer on the order form.
The Customer must provide an exact and precise address, indicating any access code to the delivery address. The telephone number is mandatory for delivery, as it is required by most carriers. It is the Customer’s responsibility to ensure that the telephone number provided is valid.
If the carrier is unable to deliver to the address indicated, and the order is returned to the Vendor, a new shipment to the same or a different address will be charged to the customer.
11.2 Terms of delivery
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access. It is the Customer’s responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or shortages, to express reservations on the delivery note or the transport receipt and, if necessary, to refuse the product and notify the Vendor.
Unless otherwise specified, orders outside the European Union (EU) are shipped using the D.A.P (delivered at place) incoterm. Duties and taxes are the responsibility of the consignee.
11.3 Product conformity
If the product does not conform to the order, the Customer must send a complaint to the Vendor with a view to obtaining replacement of the product or, if necessary, cancellation of the sale.
11.4 Delivery and transfer of risk
The risks of loss or damage to the goods are transferred to the Customer at the time when the Customer, or a third party designated by the Customer, takes physical possession of the goods, regardless of their nature.
Products delivered to the Customer by a carrier selected by the Seller travel at the Seller’s risk.
Products returned by the Customer via a carrier of the Customer’s choice travel at the Customer’s risk.
11.5 Transfer of ownership
From the delivery date indicated on the order form, ownership of the product is transferred to the customer, except in cases where full payment of the price has not been received with the order.
12. LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
12.1 Customer information
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L217-5 of the French Consumer Code
«The good conforms to the contract :
1° If it is fit for the use ordinarily expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code.
“The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
« The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. »
Article L217-16 of the French Consumer Code.
«When the purchaser asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if this is subsequent to the request for service.. »
The Seller will reimburse or replace the part(s) under warranty deemed to be non-conforming or defective.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than twenty-five (25) days following the Vendor’s finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases :
1- Non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check.,
2- In the event of misuse, incorrect installation, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
12.2 Claims
Warranty claims must be sent by e-mail to the customer service department in accordance with the conditions set out in these GCS. Products covered by warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by Customer Service. The customer will be reimbursed for the cost of returning the product no later than thirty days following receipt of the product by the Vendor.
13. LAW APPLICABLE TO WARRANTIES
The French law applicable to the contract may not have the effect of depriving the Customer residing in another Member State of the provisions on guarantees granted to him by his national law in application of the directive of May 25, 1999 concerning the sale of consumer goods and associated guarantees.
Unless otherwise stated, the product warranty is valid for two years from the invoice date. This applies only to products marketed by the seller.
Consumables (e.g. nozzles, filters) and wearing parts (gaskets) are not guaranteed.
14. RESPONSIBILITY
14.1 Liability waiver
The Vendor may not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure. The Vendor cannot be held responsible for the product’s non-conformity with the legislation of the Customer’s country, who is responsible for checking that the product is not prohibited for sale in his country.
For the warranty to be valid, it is imperative that the equipment be installed and maintained in accordance with the applicable conditions. Installation or use that does not comply with the product instructions will result in exclusion from the warranty.
14.2 Penalty clause
In all cases of non-performance of its obligations by the Customer, the price paid at the time of order remains the property of the Vendor by way of compensation.
15. RESOLUTORY CLAUSE
Cancellation of the order in the cases provided for in the present GCS will be pronounced by simple registered letter with acknowledgement of receipt or by e-mail and will be acquired by operation of law without legal formalities.
16. CUSTOMER OBLIGATIONS
The Customer agrees to abide by the terms of these GTC and to use the Site and Products in accordance with the Company’s instructions. The Customer agrees to use the Site solely for personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:
- Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising the functionalities of the Site.
- Attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site..
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- Infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties.
- To disparage the Site and/or the products as well as the Company on social networks and any other means of communication.
If, for any reason whatsoever, the Company considers that a Customer is in breach of these GCS, the Company may, at any time and at its sole discretion, terminate the Customer’s access to the Site and take any and all measures, including civil and criminal legal action, against the Customer.
17.INTELLECTUAL PROPERTY
All elements of the Site and the Site itself are protected by copyright, trademark, design rights and/or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide. Any reproduction or distribution of these elements without the prior written authorization of the publisher will expose offenders to legal action.
The name, trademark, logos, designs, stylized letters, figurative marks and all other signs represented on this Site are and shall remain the exclusive property of the Company.
No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of this Site. The Customer is expressly prohibited from reproducing (other than for the Customer’s own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the elements and software contained therein, nor from selling or participating in any sale in connection with this Site, the elements of this Site or any related software.
The Company grants the Customer an exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the customer of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the express prior consent of the Company.te.
18. Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
19. Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.
19.1 Collection of personal data
The personal data collected on the www.oa6.fr website are as follows :
Opening an account :
When creating a customer/user account:
Full name, postal address, telephone number and e-mail address.
Payment :
As part of the payment process for Products offered on the wwwoa6.fr website, the latter records financial data relating to the Customer’s bank account or credit card.
19.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products..
The category(ies) of co-contractor(s) is (are) :
- Transport service providers
- Les prestataires établissements de paiement
19.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
19.4 Treatment limitation
Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.
19.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
19.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet..
19.7 Implementing customer and user rights
Pursuant to the regulations applicable to personal data, customers and users of the www.oa6.fr website have the following rights :
- They can update or delete their data as follows:
- By logging into the user account and clicking on the account configuration tab.
- They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they may object to the processing of their data by the Vendor.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
20. Disputes
For any complaint, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GTCS. (contact@oa6.fr)
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
The customer is also informed that he/she may also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
In particular, the customer may contact the Paris Mediation and Arbitration Centre, 39 avenue Franklin Roosevelt, 75008, Paris, 01 44 95 11 40, e-mail cmap@cmap.fr.
All disputes arising out of or in connection with the purchase or sale of goods pursuant to these General Terms and Conditions of Sale, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law. The competent court will be that of the defendant’s domicile (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (article 46 of the Code of Civil Procedure).
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent jurisdiction.
By express agreement between the Vendor and the Customer, e-mails will be deemed authentic between the Parties, as will the data recorded by the automatic recording systems used in reasonable conditions of security on the Site, particularly as regards the purpose and date of the order.
Throughout the negotiation process and until its conclusion, the parties undertake not to take any legal action against each other in respect of the dispute which is the subject of the negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.