GENERAL CONDITIONS OF SALE
The purpose of these general conditions of sale (G.G.V.) is to inform any potential customer of the conditions as well as the methods under which the seller sells the products in the catalogue put online on the website www.opiumparis.com.
The General Terms and Conditions of Sale set out the rights and obligations of the parties in the context of the sale.
The validation of the order by the customer implies the acceptance by the buyer of these general conditions of sale without reservation.
If one of the clauses of these general terms and conditions of sale is null and void or cancelled, the other clauses shall not be cancelled.
The fact that the seller does not apply at a given time any article of these conditions cannot be interpreted as a waiver of the right to invoke these general conditions of sale at a later date.
Any online order implies the acceptance of these conditions.
Prices and VAT rates are those in force on the day of the order.
They include packaging and delivery to metropolitan France, possibly increased by the price of the special terms chosen by the buyer.
Deliveries outside Metropolitan France and Corsica are subject to special conditions of which the customer will be informed, before the validation of his order.
All prices are subject to obvious typographical error. If an error should occur, the seller will contact the customer to inform him of the error made by his services and indicate that the order will be invoiced at the corrected conditions.
Nevertheless the customer has the right to refuse the correction of the price he will be free to cancel the corrected order and this without penalties.
The delivery time is explicitly stated on the product sheet. This period is exclusive of weekends and public holidays, and subject to the availability of the products confirmed by the supplier. Any delay in delivery due to circumstances beyond the seller's control shall not result in the cancellation of the order. The seller cannot be held liable for any damage resulting from this delay.
However, if the goods have not been delivered 30 days after the indicative delivery date, for any reason other than force majeure, the sale will then be cancelled and the buyer will be reimbursed without being able to claim any compensation.
The seller is automatically released from any liability in the event of force majeure or events such as: lockout, strike, epidemic, war, requisition, fire, flood, tooling accident, delay in transport or any other cause leading to partial or total unemployment for the seller or his suppliers.
The seller shall inform the buyer in a timely manner of the cases and events listed above.
Any delay in delivery due to a fact characteristic of force majeure will result, at the seller's choice, either in the outright termination of the sale or in an extension of the delivery or availability deadlines, without either party being entitled to claim any other compensation.
In any event, timely delivery can only take place if the buyer has fulfilled all his obligations towards the seller.
When delivery is made by making available, the seller undertakes to inform the buyer in writing of the date of making available. The buyer undertakes to take delivery of the goods within 5 days of receipt of the notice of availability. After this period, the storage costs will be invoiced to the buyer without prejudice to any action that the seller intends to take.
- Delivery France: Colissimo Suivi (standard insurance 23€ per kilo)
- EU delivery: Colissimo Suivi Europe (standard insurance 23€ per kilo)
- Delivery outside the EU: Colissimo Suivi International (standard insurance 23€ per kilo)
opiumparis.com undertakes to make the ordered products available to the carrier within a maximum period of 72 hours.
The mode of transport chosen by the seller is considered contractually to be the most appropriate for the delivery of the goods shipped. Any discrepancy on this subject must be the subject of an express request from the buyer.
It is the customer's responsibility to check the number and condition of the goods delivered upon receipt of delivery.
In the event of damage or deterioration, the buyer must make the usual reservations on the delivery note and inform the carrier within 48 hours of receipt, by registered letter with acknowledgement of receipt.
RECEPTION - CONTROL
The inspection of the delivered goods must take place within 14 days of delivery.
Without prejudice to the measures to be taken with regard to the carrier, the buyer must inform the seller by registered letter with acknowledgement of receipt within the time limit set above of any apparent defects or lack of conformity of the goods delivered.
If the buyer expressly or tacitly waives this acceptance, the goods shall be deemed to have been delivered in accordance with the order.
The seller shall replace as soon as possible and at his own expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the customer.
The buyer has a period of 15 days from the date of receipt to notify us of his request for return. Damaged or incomplete items will not be taken back and will be returned to you as is, at the buyer's expense. Please contact us by using the contact form before returning a product. Any return of an order without notifying our teams cannot be processed.
Refunds are made on the means used by the customer within a maximum period of 5 to 10 days after receipt and control of the return.
Payment can be made as follows:
- By credit card with our partner, La BRED Banque Populaire.
- By PayPal.
The minimum purchase amount is set at 0 €.
In accordance with Article L441-6 of the French Commercial Code, late payment penalties are applicable in the event that the sums due are paid after the payment date indicated on the invoice.
These penalties for late payment are calculated on the basis of (for example) 4 times the legal rate and will give rise to a minimum flat-rate charge of €100.
If the buyer's failure to act necessitates a contentious recovery, the buyer undertakes to pay, in addition to the principal amount, costs, expenses and emoluments ordinarily and legally at his expense, an indemnity set at 15% of the principal amount including VAT of the claim with a minimum of 300 euros and this, as contractual and fixed damages.
In the event of termination of the sale for non-payment, the sums paid by the buyer will simply be acquired by the seller.
WARRANTY - EXTENDED
The products benefit from the legal guarantee of conformity under articles L211-4 of the Consumer Code. The products benefit from the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the products and making them unsuitable for use, pursuant to articles 1641 and following of the Civil Code. The products benefit from the guarantees provided by the manufacturers of the products, according to their forecasts.
In order to enforce his rights, the customer must, under penalty of forfeiture of any action relating thereto, inform the seller of the existence of the defects, by registered letter with acknowledgement of receipt within the time limits provided for by Articles L211-12 of the Consumer Code and Article 1648 of the Civil Code.
WARRANTY - EXCLUSION
The buyer will lose the benefit of legal and contractual guarantees, particularly in the event of:
abnormal or abusive use of the goods; repairs or any interventions carried out by persons foreign to the seller or not approved by him or by the manufacturer, or if these interventions have not complied with the instructions; the seller may suspend the legal and contractual guarantees in the event of delay or total or partial non-payment of the price of the goods.
GUARANTEE - LIMITS
The seller's liability is limited to the repair or replacement of goods found to be defective or with a manufacturing, labelling or packaging defect. The seller's services will have the opportunity to investigate the alleged defects. Any other express or implied warranties are excluded. No liability will be accepted for loss or damage, direct or indirect, regardless of the cause. Under no circumstances may the buyer claim, for any reason whatsoever, to make any deduction from the amount of invoices corresponding to an incomplete delivery or relating to defective goods.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
This contract is subject to French law.
For all disputes relating to the execution or interpretation of these conditions, only the Commercial Court of Paris (France) or its president shall have jurisdiction in matters of summary proceedings, even in the event of multiple defendants.
PROTECTION OF PERSONAL DATA
In accordance with Law No. 78-17 of 6 January 1978 on "Data Processing & Freedom", the customer is informed that the answers to the various questionnaires are necessary for the processing of his registration and the creation of his personal space.
The information thus collected as well as that collected subsequently through the use of opiumparis.com remains confidential and will be subject to automated processing.
The customer has the right to access, modify, rectify and delete information concerning him/her from customer service.