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Officine Générale

TERMS & CONDITIONS

Update date: 28/07/2023

Any online purchase made on the website https://www.officinegenerale.com is subject to prior acknowledgement and acceptance of these general terms and conditions of sale.

  1. DEFINITIONS
  2. PREAMBLE
  3. WARNING
  4. CREATING A CUSTOMER ACCOUNT
  5. CHARACTERISTICS OF THE ITEMS
  6. ORDERING ITEMS
  7. PRICE OF ITEMS
  8. PAYMENT OF THE ORDER
  9. DELIVERY TERMS AND E-RESERVATION
  10. DELIVERY TIMES
  11. DELIVERY METHOD
  12. RIGHT OF WITHDRAWAL AND RETURN POLICY
  13. EXCHANGE OF ITEMS IN THE STORE
  14. CUSTOMER SERVICE
  15. WARRANTIES
  16. AGREEMENT ON PROOF
  17. LIABILITY
  18. LICENSE
  19. PROTECTION OF PERSONAL DATA
  20. COMMERCIAL OFFERS AND NEWSLETTERS
  21. COOKIES
  22. INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE
  23. MODIFICATION OF THE GTCS
  24. RETENTION OF TITLE
  25. ENTIRE AGREEMENT
  26. APPLICABLE LAW - LANGUAGE
  27. DISPUTES

1. DEFINITIONS

Item(s): products of any kind offered (textiles, leather goods, perfumes and fashion accessories for Men and Women under the Officine Générale brand, manufactured by and/or for Officine Générale or its potential business partners) for sale (e-commerce service) on the Website. The main characteristics of the Items are presented on the Website.

Store: any Officine Générale store the list of which appears on the Website, and which may be the subject of a return of Items and/or an exchange of Items. You will find the contact details of these stores by following the link below:

https://us.officinegenerale.com/pages/stores

Eligible Store: Store in France allowing the Customer to choose delivery in the Store, an exhaustive list of which is proposed in the selection of the delivery method when placing Order(s).

Force Majeure Event: is defined in Article 17.

GTCS: these general terms and conditions of sale which apply to any user of the Website and to any Customer.

Customer: user of the Website and non-business natural person consumer, placing an Order, who must be over 18 years of age and have full legal capacity.

Customer Account: login account created by the Customer on the Website.

Contract: contract for the sale and purchase of Items entered into between Officine Générale and the Customer via the Website.

Order: commitment to purchase one or more Items selected by the Customer via the Website’s e-commerce service for their own use (or for gift purposes).

E-Reservation: online reservation via the Website of one or more Items free of charge and without obligation to purchase and collect from the Store.

Personal Data: any information relating to an identified or identifiable natural person (definition of the CNIL (French National Commission for Data Protection and Liberties)).

Guest: Customer ordering one or more Items without creating a Customer Account.

Officine Générale: a simplified joint stock company with share capital of 28,770 euros, having its registered office at 11 rue Jules Chaplain - 75006 Paris, registered with the Paris Trade and Companies Register under number 750 191 611.

Privacy Policy: document explaining the use made by Officine Générale of the personal data of users collected on the Website (collection, classification, processing, publication, deletion).

Customer Service: Officine Générale customer service available to the Customer to respond to any request from the Customer, which can be reached by email at the following email address eshop@officinegenerale.com or by contact form on the “contact” page of the Website or by telephone on 01 85 09 64 42 (local call) from Monday to Friday from 10 a.m. to 6 p.m. (time zone: Paris).

Website: website published by Officine Générale and accessible at https://www.officinegenerale.com/

Third party: any natural or legal person other than the Customer or Officine Générale.

  1. PREAMBLE

These GTCS govern the conditions under which Officine Générale sells and the Customer purchases any Item on the Website.

The Customer may contact one of the Officine Générale advisers of the Customer Service for any request for information on these GTCS and more generally on its contractual relationship with Officine Générale.

The GTCS apply to any Contract and without restriction or reservation to all the Items offered for sale on the Website.

The GTCS apply in their version applicable on the day on which the Customer places an Order.

The GTCS take precedence over any other document and apply to the exclusion of any other conditions, including those applicable to sales in Stores, distance sales or through other distribution and marketing channels.

Before placing an Order, any Customer undertakes to carefully read and become aware of these GTCS. The Customer undertakes to keep a copy thereof by downloading them or printing them. When the Customer places an Order, the latter must unreservedly accept the applicable GTCS and prices, at the time of payment. In this respect, the “click” of the Customer on the “Confirm your Order” button accessible on the validation page of the Order constitutes acceptance of these GTCS.

 

  1. WARNING

3.1. The sale of Items on the Website is exclusively reserved for retail sales and individual consumers, i.e. persons who buy for their personal consumption needs (i.e. for purposes other than trade, business, craft or professions and not-for-profit activities).

Under no circumstances may the Website be used by professional sellers, alone or grouped, regardless of the method of marketing their products (Internet market places, shopping malls, intermediaries, physical stores in particular).

The Customer therefore acknowledges and accepts that the Items may only be purchased in quantities corresponding to the average needs of a consumer, both with regard to the number of Items ordered in a single Order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. Officine Générale reserves the right to refuse an Order that clearly been placed by a professional seller.

3.2. Any Customer declares that it has been informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, lack of guaranteed continuity in access to the Website, performance not guaranteed in terms of volume and speed of transmission of data and spread of viruses.

Officine Générale warns each Customer of the need to install a software and security measures to prevent the spread of viruses in their computer, laptop or mobile phone.

  1. CREATING A CUSTOMER ACCOUNT

4.1. Any Customer may freely and free of charge, during any Order on the Website, create a customer account (“Customer Account”) through the “Create an account” section.

To do so, the Customer must fill out a form and indicate certain personal information, including their email address and a password that will be used to log in on the Website at a later date.

The Customer Account is strictly personal and allows the Customer to log in before validating each Order. When creating the Customer Account, the Customer enters the data that allows their identification under their full responsibility, control and direction. The Customer chooses the username (email) and password, it being specified that if the chosen ID is already assigned, the system invites the Customer to choose another.

The username and password are personal and confidential and the Customer undertakes not to disclose them. While Officine Générale takes all necessary precautions and undertakes to protect the Personal Data of Customers, the Customer is informed of the need to keep their password secret and not to disclose it to a Third Party, for any reason whatsoever.

In the event of suspicion of the use of the username and password by a Third Party, the Customer must immediately alert Officine Générale in order to change their password and/or choose to have their Customer Account closed.

4.2. In general, the Customer is informed that the Customer Account may be closed following the Customer’s first request sent by email to Officine Générale.

Officine Générale also reserves the right to close any Customer Account and therefore refuse any sale to a Customer in the event of a payment default of one or more previous Orders.

In this case, Officine Générale sends an email to the Customer concerned at the address communicated by the latter when creating their Customer Account informing them of the deactivation of the username and password and the closure of their account. Eight (8) calendar days’ notice is given to the Customer so that they may send their observations to Officine Générale, without prejudice to the suspension of their Customer Account during the notice period.

4.3. The information communicated to Officine Générale in connection with the creation of the Customer Account or at the time of each of the Orders must be complete, accurate and up to date. The Customer shall not impersonate a Third Party or modify their age. Officine Générale shall not be held liable for any input error on the part of the Customer that does not allow the processing of their Order by Officine Générale.

The Customer formally accepts the use of the email as a means of communication with Officine Générale as well as the use of the electronic invoice.

In any event, in the context of the creation of a Customer Account, the collection of the Customer’s Personal Data is carried out in accordance with the procedures described in the Privacy Policy.

  1. CHARACTERISTICS OF THE ITEMS

The Items available for sale are those that appear on the Website. The offers to sell the Items are valid as long as they are visible on the Website.

Information about the Items (as well as the corresponding Item codes) and prices are available on the Website.

The Customer may choose one (1) or more Items offered for sale on the Website, it being specified that the choice and purchase of an Item is the responsibility of the Customer alone. In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to the Order, read the Website, the essential characteristics of the Item(s) they wish to order.

The Items are offered within the limit of their availability displayed on the Website. If the Order cannot be processed, in whole or in part, due to the unavailability of one or more Items, after placing an Order, the Customer is informed by email and their Orders of said Item(s) will then be automatically cancelled. Officine Générale undertakes to refund any cancellation of an Order for one or more Items as soon as possible and no later than fourteen (14) days following the total or partial cancellation of the Order.

Officine Générale reserves the right (a) to withdraw from the sale, at any time, any Item for sale on the Website, without prejudice to any Order already placed by the Customer, (b) to replace or modify any information on any Item appearing on the Website and/or (c) to modify an Item or one of its functionalities or to discontinue the marketing of an Item, at any time and without prior notice (without this affecting Orders already confirmed).

The characteristics of the Items sold on the Website (photographs, graphics and descriptions, etc.) are given as an indication and may vary over time. Only the image of the Item shown at the time of the Order must be taken into consideration by the Customer. The characteristics and images of the Items shown on the Website are published as an illustration and have no contractual value. In this respect, photographs may differ slightly from reality, particularly due to the configuration of the display settings of the electronic device used by the Customer (Computer, Tablet, Smartphone, etc.). Although Officine Générale makes every effort to accurately present the Items, it cannot guarantee that the images of the Items correspond exactly to the actual appearance of the Items. In particular, fabrics, shadows, colours, texture of Items displayed on the Customer’s screen may differ from those of the Item in reality. Consequently, the Customer must rely exclusively on the description of the Items and their characteristics as mentioned on the Website.

In the event of errors or omissions relating to the description of an Item, Officine Générale’s liability shall be limited to the reimbursement of the reasonable costs of returning the Item incurred by the Customer.

  1. ORDERING ITEMS

6.1. The placing of an Order on the Website is subject to compliance with the procedure put in place by Officine Générale in the form of a series of succeeding screen pages indicating the steps that the Customer must follow to validate the Order.

6.2. Any Order implies a payment obligation on the part of the Customer and (a) that the Customer is at least 18 years old and has legal capacity, or (b) if the Customer is a minor, that they guarantee that they have parental authorisation to place the Order.

Officine Générale cannot under any circumstances be required to verify the legal capacity of any Customer. Consequently, if an individual does not have the legal capacity to place an Order, their legal representatives (parents or guardians in particular) will assume full responsibility for this Order and must, in particular, pay the price. 

6.3. The Customer will have the option, before definitively validating the Order, to check the details of the Order as well as its total price, and also to correct any errors. Please note that any validated Order shall result in the obligation to pay.

To complete an Order and definitively validate the Order, the Customer must follow the online purchase process and click on “Order” to submit the Order.

The payment of the Order constitutes acceptance of these GTCS, the price of the Items and the content of the Order.

Once the Customer has validated the Order, Officine Générale shall immediately acknowledge receipt thereof by sending the Customer an email confirming the Order to the address provided by the Customer.

Any Order is subject to prior acceptance by Officine Générale and is only definitively confirmed after receipt by the Customer of an email confirming the shipment of the Item(s). To this end, the Customer formally accepts the use of e-mail for the confirmation by Officine Générale of the content of the Order. This email contains all the information provided by the Customer as well as the price and delivery times, and, where applicable, any difficulties or reservations which may arise from the Order.

6.4. Once the Order has been placed and validated by Officine Générale, without prejudice to the foregoing, Officine Générale reserves the right to cancel the Order and to immediately terminate the Contract, in whole or in part, without its liability being incurred, for legitimate reasons, in the following cases:

(i) Officine Générale fails to obtain the Customer’s payment authorisation;

(ii) any Order placed by a Customer with whom a dispute exists relating to the payment of a previous Order as well as any Order not in accordance with these GTCS; or

(iii) in the case of activities reported or suspected to be fraudulent, illegal or unauthorised, including in the case of purchases suspected of being made for commercial purposes.

In such cases, Officine Générale will send an email to inform the Customer of the cancellation of the Order and the termination of the Contract.

As the sale of Items on the Website is reserved for consumers for personal use and in accordance with Article L.121-11 of the French Consumer Code, Officine Générale also reserves the right, in addition to the aforementioned cases, to refuse or cancel for legitimate reasons any Order, with a number of Items or amount to be paid (for one or several combined Orders) that would not correspond to the average needs of a consumer: any Order in abnormal quantities and/or in quantities suggesting that the Items are purchased for commercial purposes or for other unauthorised or illegal activities. These restrictions may include Orders placed by or under the same Customer Account, with the same payment method and/or Orders that use the same billing and/or delivery address.

6.5. When the Order is shipped, the Customer receives an email confirming the Order. The Contract between the Customer and Officine Générale is then concluded.

In addition, the Customer will receive, at the time of delivery, for each of the Items, written confirmation of the price paid and the delivery charges incumbent upon the Customer.

Orders received on the Website on a non-workable day (Sunday or public holiday) will only be processed on the next business day.

Without prejudice to the exercise of the right of withdrawal provided for in Article 12, any modification or cancellation of the Order by the Customer is impossible. Once the Order has been confirmed, it will no longer be possible for the Customer to modify the delivery address.

If the Customer does not receive any email following the Order, the Customer must contact the Customer Service in accordance with the terms and conditions described in Article 14 of the GTCS.

For any question relating to Order tracking, the Customer must consult their Customer Account on the Website or contact the Customer Service in accordance with the terms and conditions described in Article 14 of these GTCS.

Officine Générale cannot under any circumstances be held liable in the event of an error in the entry or transmission of an input error attributable to the Customer and not allowing the sending of the confirmation email of the Order and/or the Order.

The Customer is advised to keep a copy (in electronic and/or paper format) of the Order information (for example, the confirmation email sent by Officine Générale) and for this purpose to print the confirmation email of the Order.

In the event of failure to log in to the Website, the selection of Items made by the Customer could be lost. In this case, the Customer is required re-enter their selection. Items in the shopping cart are not reserved and can be purchased by other consumers. Under no circumstances shall Officine Générale be liable for the unavailability of an Item as a result of a failure or loss of connection to the Website.

Particularity: Ordering Items as Guest:

The Website offers any Customer the option to order Items as a Guest, which does not require the creation of a Customer Account.

Under this Order method, the Customer must provide the information necessary for the processing of the Order. At the end of the purchase process, the Customer is invited to create a Customer Account or to continue to place the Order as a guest (unregistered user).

The collection of the Customer’s Personal Data in the context of an Order as a Guest is carried out in accordance with the terms and conditions described in the Privacy Policy.

  1. PRICE OF ITEMS

The prices of the Items appearing on the Website are indicated according to the following rule:

- French website: in euros (€) including taxes;

- International / UK website: in euros (€) / pounds sterling (£) including taxes;

- US website: in US dollars ($) excluding taxes.

They take into account any discounts applicable on the day of the Order.

Any new taxes or contributions, particularly environmental taxes, may be included and increase or reduce the sale price of the Items.

The prices of the Items are exclusive of delivery charges (shipping, packaging and preparation of the parcel according to the amounts in force), which will be added to the price of the Items, if any, and which will be communicated during the Order process before validation of the Order and excluding sales tax or other applicable taxes.

Officine Générale reserves the right to modify the prices of the Items at any time and without prior notice, the Items being invoiced on the basis of the prices in force at the time of validation of each Order. The price of the Items invoiced is therefore the price indicated at the time of the Order.

Officine Générale makes every effort to ensure that all the prices of the Items displayed on the Website are correct. However, it may happen that an error occurs and the Items are not correctly displayed (incorrect price or typographical error in the price indicated). In this case, Officine Générale will cancel the Order and the Contract will be terminated.

  1. PAYMENT OF THE ORDER

Any Order involves an obligation to pay by bank card using a sufficiently funded bank account or by another bank payment method in one or more transactions (PAYPAL, APPLE PAY, ALMA). The bank cards accepted on the Website are as follows: VISA, MASTERCARD, CARTE BLEUE, AMERICAN EXPRESS. For payments by bank card, the Customer must be the holder of the bank card used. The Customer accesses a dedicated space made available by a banking institution, which is responsible for securing and recording the payment order. In case of payment by bank card, the amount is debited when Order is confirmed, after confirmation from the bank having issued the card. In the payment method is refused by the bank, the Order will be automatically cancelled.

The Customer wishing to use the PayPal account to pay for the Order will then be redirected to PayPal’s platform to log in and proceed with the payment with via their account. The Customer will then be redirected to the Website. In the event of payment by PayPal, the amount is debited when the Order is confirmed.

Transactions made on the Website are entrusted to secure online payment platforms depending on the website where Customers make their purchase(s):

- French website: PAYPLUG;

- International / UK website: SHOPIFY PAYMENT;

- US website: STRIPE.

These platforms present highly secure pages for the entry of payment data: card number, holder name, expiry date and security code. They encrypt and then transmit this payment data to the bank, in complete confidentiality and make it inaccessible to Third Parties. It is possible for the Customer to save their bank data on their account. The data in this case remains encrypted and not accessible.

The Order is final only from the full payment of the price and the costs associated with the Order.

The price invoiced to the Customer is the price indicated in the confirmation of the Order sent to the Customer by email.

For each Order, Officine Générale will issue an electronic invoice, this invoicing method being accepted by the Customer. The electronic invoice shall be drawn up on the basis of the information provided by the Customer at the time of placing the Order. No change to the electronic invoice is possible once it is issued.

The Customer is informed by e-mail, once the Order has been shipped, that its invoice including the delivery charges and VAT applicable on the day of the Order, is accessible online on the Customer Account.

If payment by the Customer cannot be made for any reason whatsoever, Officine Générale shall cancel the Order and the Contract shall be terminated immediately, without being held liable in this respect. Officine Générale shall inform the Customer thereof in writing.

The Customer shall bear all costs that may be applied, if applicable, by the issuer of their card, their bank or any other payment institution following the processing of his payment.

Payment via our partner ALMA

Officine Générale offers its Customers the credit service of ALMA for the payment of their purchases and the execution of the payment. This is conditional upon the Customer’s acceptance of the T&Cs or the credit agreement proposed by ALMA.

Any refusal to grant credit by ALMA for an order may result in the cancellation of the order.

Any termination of the GTCS between the Customer and Officine Générale shall result in the termination of the T&Cs or the credit agreement between ALMA and the Customer.

Payment in three / four instalments is available via our partner ALMA. Payments are secured by ALMA and its service providers. All payments are protected by 3D Secure.

Amount of purchases:

Only purchases in excess of 300 euros are eligible for payment with ALMA.

Fees: By paying in several instalments (payment in three / four instalments) with ALMA, the Customer does not pay fees.

ALMA is a remote payment manager and issues an electronic certificate which shall constitute proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the French Civil Code.

Termination: Any termination of the GTCS that between Officine Générale and the Customer shall result in the termination of the T&Cs between ALMA and the Customer. For any question related to the creation of the ALMA account, the Customer may contact compliance@getALMA.eu.

  1. DELIVERY TERMS AND E-RESERVATION

9.1. The Customer will receive an Order number by email confirming that it has been accepted. The Customer will be informed of the various stages of the Order by email.

Shipments are announced to the Customer, at the email address entered by the latter on the Customer Account.

A delivery note is included in the parcel, summarising the Items ordered and actually delivered.

9.2. The Customer is offered several delivery methods chosen by the Customer:

In-store delivery is available.

Delivery to a collection point and post office is available.

Standard home delivery is available for a fee.

In any event, the amount of the delivery will be indicated on the Website to the Customer before the latter accepts the Order and will again be mentioned in the confirmation email sent by Officine Générale as well as in the delivery notes.

9.3. In order for the delivery times indicated in this article to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street, building, entrance, access codes, names and/or intercom numbers, etc.). Inaccurate information would in fact be likely to lead to additional delivery times or even reshipment.

In the event that the Customer chooses a delivery at home, at the Post Office or in the Collection Point:

Using the shipping number, the Customer can track the parcel on the carrier’s website.

The Customer is informed that it is their responsibility to provide all the exact details necessary for the proper shipment of the Order and for the safe delivery (access code, access specification, for example).

Upon delivery, the Customer or the recipient of the Order shall sign an acknowledgement of receipt. This acknowledgement of receipt constitutes proof of delivery by Officine Générale and of receipt by the Customer or the recipient of the ordered Items.

If the Customer is absent during home delivery, a notice of delivery shall inform the Customer of the terms and conditions of the storage and delivery of the parcel, under the full and exclusive responsibility of the carrier.

In the event of absence, the Customer or the recipient of the Order shall receive a notice of delivery, allowing them to contact the carrier at the contact details indicated on the notice of delivery in order to agree on another delivery date.

In case of delivery in a Collection point

The Customer will be informed by email that the Order is available at the Collection point. In order to collect the Order, the Customer must visit during opening hours the collection point selected for delivery and provide a proof of identity as well as the email confirming the Order.

If the Customer is unable to collect the Item from a collection point, the Customer may give power of attorney to a person of their choice. The latter must present at the collection point the power of attorney on plain paper, their proof of identity and the identity document of the Customer. The Customer has a period of fourteen (14) calendar days from receipt of the Order to collect it.

In the event that the Customer refuses the delivery of the parcel or in the event that the Customer does not pick up the parcel at a collection point within the indicated time, the shipping costs, if any, may not be reimbursed. The Items will then be returned to Officine Générale. The Customer will be reimbursed within fourteen (14) calendar days of receipt by Officine Générale of the Items.

9.4. In-store delivery

Officine Générale also offers the Customer the option to choose a free delivery in the Store after prior reservation on the Website (excluding corners, department stores).

This method of delivery is only possible in the eligible Stores in France (exhaustive list proposed in the selection of the delivery method when placing an Order).

The Customer is informed by email that the Order is available in the chosen Store.

In order to collect the Order, the Customer must appear at the opening hours of the Store chosen for delivery and provide an identity document as well as the confirmation email or the email informing that the Order is available.

In this respect, the Customer has fourteen (14) calendar days from receipt of their Order to visit the Store and pick up the Order.

After fourteen (14) calendar days, the Order will be automatically cancelled: the Customer will be informed by email of the cancellation of this Order. In the event that the Order is definitively cancelled, the Customer shall obtain reimbursement of the price paid for the Order within four (4) to five (5) calendar days following the cancellation confirmed by email.

The Customer fully and exclusively assumes the risk of loss or damage to the Items as from their pick-up from the Store.

In the event of non-receipt of the Order within the time limits indicated above, for any reason other than a Force Majeure Event or the fault of the Customer, any sale may be terminated at the Customer’s written request, under the conditions provided for in Articles L. 216-6 and L. 216-7 of the French Consumer Code. The sums paid by the Customer shall then be returned to them no later than fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.

9.5. E-Reservation

Officine Générale also offers the Customer the option to choose a free E-Reservation in Store.

Items are offered within the limit of the stock available in the Store selected on the Website. If the E-Reservation cannot be processed, in whole or in part, due to the unavailability of a reserved Item, after placing an E-Reservation, the Customer is informed by email and the E-Reservation of said Item will then be automatically cancelled.

The Customer is informed by email of the confirmation of their E-Reservation in the selected Store.

In order to collect the Order, the Customer must visit during the opening hours the Store selected for the E-Reservation and present an identity document as well as the email confirming the E-Reservation.

Payment of E-Reservation

No payments are made online.

Payment will be made when the Order is collected from the previously selected Store.

The reserved Item becomes the property of the Customer only when the full payment has been made, according to the payment methods usually accepted in the Store.

Withdrawal of E-Reservation

The Customer has forty-eight (48) hours from the receipt of the confirmation e-mail or SMS of the E-Reservation to go to the Store and collect the reserved Item(s).

If these forty-eight (48) hours have passed, the E-Reservation will be automatically cancelled and the Store may offer for sale again the Items of the E-Reservation not collected by the Customer.

Withdrawal

The Customer opting for the E-Reservation benefits from the same withdrawal period as that offered during an on-site sale. The withdrawal and payment being made on site, the sale is considered as concluded in the Store and the online reservation is not considered a distance sale.

9.6. Upon receipt of the Order, the Customer must verify the conformity of the Items received pursuant to the Order placed. Any anomaly concerning the delivery (i.e.: Items missing or damaged, damaged parcels) must be indicated, in the first place, on the delivery note and in the form of handwritten reservations accompanied by the signature with the carrier.

Secondly, any anomaly must be notified within fourteen (14) days, in accordance with the terms and conditions described in article 12, following receipt of the Items to the Customer Service.

Officine Générale reserves the right to ask the Customer to return the non-compliant or damaged Item(s).

In the event of abnormal or unreasonable returns, Officine Générale may refuse to accept future Orders.

9.7. Transfer of ownership - transfer of risks

The ownership of the Items to the Customer shall be transferred after payment of the price by the latter, regardless of the delivery date of the Items.

In accordance with the provisions of Article L. 216-2 of the French Consumer Code, the transfer of the risks of loss and damage relating thereto shall only be made at the time when the Customer physically takes possession of the Items at the delivery address provided or when the Products are collected by the Customer in a Store.

  1. DELIVERY TIMES

Officine Générale makes every effort to ensure that the Order is delivered as soon as possible. The Customer will be able to track their parcel using the tracking number that will be communicated to them by email when the Order is sent.

Delivery may be delayed for reasons beyond the control of Officine Générale. In this case, Officine Générale undertakes to keep the Customer informed thereof.

Items are delivered to the delivery address indicated by the Customer at the time of the Order at the latest at the end of the period indicated when the Order is placed, depending on the country of delivery.

Officine Générale undertakes to ensure that the delivery is made within a maximum of thirty (30) calendar days from the Order, regardless of the delivery method selected.

In the case of delivery in the Store, Officine Générale undertakes to ensure that delivery is made within maximum thirty (30) calendar days from the Order.

In the event of late delivery in relation to the aforementioned deadline, the Customer may contact the Customer Service to require Officine Générale to make the delivery within a reasonable additional period. In the event of non-compliance with the new deadline, the Customer may, by email or letter, cancel the Contract and obtain reimbursement of the Order.

The Contract shall be considered as terminated upon receipt by Officine Générale of the email or a letter by which the Customer informs it of their decision unless the delivery has occurred between the sending and receipt of the Customer’s email or letter.

In the event that the Order is definitively cancelled, the Customer shall obtain reimbursement of the price paid for the Order within fourteen (14) calendar days following the date of termination by the Customer.

Each delivery is deemed to be made as soon as the parcel is made available to the Customer, in particular by the carrier, confirmed by the control system used by the carrier.

If the parcel is damaged or if the Item does not correspond to the Customer’s Order, the Customer must initiate the return procedure described in Article 12 below within fourteen (14) calendar days after the shipment.

  1. DELIVERY METHOD - TAXES

Officine Générale delivers its products to all countries worldwide.

All shipments to the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, France, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy, Croatia) and the United Kingdom are all taxes included (incl. VAT) according to the Value Added Tax rate in force in France.

All shipments outside the European Union including Switzerland and Norway are shipped excluding taxes.

Taxes (in particular customs duties) shall be paid by the Customer upon receipt of the parcel according to the laws in force in the country of destination, with the exception of the United Kingdom and the United States.

  1. RIGHT OF WITHDRAWAL AND RETURN POLICY

Pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and Law No. 2014-344 of 17 March 2014 as transposed in Articles L. 221-18 et seq. of the French Consumer Code, any consumer is entitled to cancel their Order at any time within fourteen (14) calendar days of the date on which they received the Item(s) and without having to justify reasons or pay penalties, provided that the Item(s) is(are) returned in its/their original condition, neither worn nor washed within fourteen (14) days of the communication of the withdrawal decision.

This withdrawal period expires fifteen (15) days after the day on which the Customer or a third party other than the carrier and designated by the Customer, physically takes possession of the Order.

In order to exercise their right of withdrawal, the Customer must notify Officine Générale of their withdrawal decision by means of a clear and unambiguous declaration to the following email address: eshop@officinegenerale.com

The Customer may use the withdrawal form template at the end of the GTCS, but this is not mandatory.

After notifying Officine Générale of their withdrawal in accordance with these provisions, the Customer must return the Item(s) concerned within a maximum period of fifteen (15) calendar days from this notification. This period is deemed to have been met if the Customer returns the Item(s) in question before the expiry of the fifteen (15) day period. Any withdrawal made beyond the period of fifteen (15) calendar days mentioned above shall not be accepted.

In the event that the Customer exercises their right of withdrawal before having received the Item(s), the Customer must return the Item(s) concerned within a maximum period of fifteen (15) calendar days from their receipt.

All Items must be returned in perfect condition, in their original packaging accompanied, where applicable, by all labels, accessories, warranty(ies), instructions, and copies of the documents attached to the Order. Any Item returned incomplete, damaged, deteriorated, altered or soiled will not be refunded. Shoes must be returned in their original box and not worn (intact shoes).

Some Items are excluded from the right of withdrawal for health and hygiene reasons. These include swimwear, underwear, tights, and cosmetic products including fragrances if they have been opened.

12.2 Return policy

Two options are given to the Customer: (a) return the Item(s) in Store to Officine Générale or (b) return it(them) by post.

These two return methods are offered by Officine Générale.

12.2.1. In-Store Returns

The return in Store is offered by Officine Générale.

The Customer has a maximum period of fifteen (15) working days following the communication of their decision to withdraw, to make a return in the Store accompanied by the original invoice.

12.2.2. Returns by post

Return by post is offered by Officine Générale within fifteen (15) working days from the date of receipt or withdrawal of the parcel.

To make a return:

The Customer must notify their return on the Website via the Customer Account by selecting the Order concerned in the “Order” section by entering the various information to be filled in the form.

If the Customer does not have a Customer Account, they may access the return request forms from the Website footer.

Once the request for return has been accepted, the Customer will receive by email a return form to be inserted in the parcel as well as a pre-paid carrier label.

The Customer must stick the pre-paid label on the parcel and drop it off at the post office or at the drop-off point according to the carrier chosen. The parcel is to be sent to the following address: 

OFFICINE GENERALE
ALPHA PARK
62 -86 rue BERTHIE ALBRETCH
LOT 76-78
94 400 VITRY SUR SEINE

Returns are free for France. For the European Union, they will be subject to a flat-rate deduction of 8 euros from the amount to be reimbursed. For the rest of the world, the deduction amounts to 12 euros.

12.3 Refund

Once the returned Item(s) have been verified, Officine Générale undertakes to reimburse the Customer, as soon as possible and no later than fourteen (14) calendar days from the date on which the Customer informed Officine Générale of their decision to withdraw from the Contract (and provided that Officine Générale received the Item(s)), of all sums paid by them for the returned Item(s), including delivery charges (it being specified that, with regard to delivery charges, the maximum reimbursement shall correspond to the cost of delivery of the cheapest delivery method offered by Officine Générale).

The refund shall be made to the bank account or payment account used for the payment of the Item(s), in respect of the Order, it being specified that the said refund shall be suspended until Officine Générale has received the returned Item(s). In the absence of receipt of the relevant Item(s) or proof of shipment within this period, Officine Générale reserves the right to postpone the refund until the day of receipt of the relevant Item(s) or the provision by the Customer of proof of shipment of the Item(s) concerned. In the event of a return after the deadline or a non-compliant Item, the refund will be made by means of a credit note.

The Customer will receive a confirmation email, once the refund procedure is initiated.

In order to track the parcel, the Customer may use the tracking number provided by the carrier of their choice on the latter’s website.

Please note, for returns outside the European Union, the Customer is invited to:

- specify on the customs form provided by Officine Générale that this is an “e-commerce return” in such a way as to obtain a return “without duties and taxes” (at no additional cost);

- attach any accompanying document provided for the postage of their parcel.

Officine Générale cannot be held liable for any loss or damage occurring during transport. In the event of loss or damage during transport, the Customer must contact the carrier directly. If the Items are not received at the warehouse, Officine Générale will not be able to process the returns.

In the event of withdrawal under the conditions referred to in Article 12 above, the refund of the entire invoiced price (initial delivery charges included where applicable) of the returned Items shall be made, by crediting the bank card, or to the PayPal account, no later than fourteen (14) calendar days following receipt of the returned Items by Officine Générale.

However, in the event of partial exercise of the right of withdrawal relating only to part of an Order containing several Items, Officine Générale will not be able to refund, where applicable, the delivery charges initially invoiced to the Customer.

Officine Générale is a partner of BABACK, an automated management interface for exchanges and returns in France and Europe.

  1. EXCHANGE OF ITEMS IN THE STORE

Without prejudice to the provisions relating to the return or the right of withdrawal mentioned above, Officine Générale offers the Customer the option to exchange the Item(s) ordered on the Website (excluding department stores and outlet corners) for an Item of an identical value or an Item with a higher value in return for payment of the price difference. This exchange is only possible in the Eligible Store(s) of the country of delivery of the Item(s) ordered.

To be accepted, this exchange must be carried out in strict compliance with the following terms and conditions:

The Customer must return their Item(s) within a maximum period of fifteen (15) calendar days after receipt of the Order, accompanied by the sending email of the Order.

The exchange of the returned Item(s) will be based on the price paid at the time of the Order on the Website.

Any Item returned for exchange must be properly protected, in its original packaging (a carefully opened packaging shall not be considered as damaged packaging) and in a perfect state of resale (not damaged, not altered, unused, not soiled or washed by the Customer).

In the event of an exchange of the Item(s) in one of the Stores, the general terms and conditions of sale of the Store shall apply. Consequently, it will no longer be possible to benefit from the right of withdrawal on the Website.

The Customer is advised in advance to contact the Store in which they wish to exchange the Item in order to verify the availability of the desired Item(s).

  1. CUSTOMER SERVICE

For any information or question, for an Order tracking, or for any exchange or implementation of the warranties referred to in Article 15, the Customer must contact the Customer Service.

  1. LEGAL WARRANTIES: CONFORMITY DEFECTS - MANUFACTURING DEFECTS

If the Customer considers that a delivered Item is defective, that it does not match its description or is incomplete, the Customer is invited to contact the Customer Service immediately.

In any event, any Item ordered by a Customer benefits from the legal warranty of conformity provided for in the French Consumer Code (Articles L. 217-3 to L. 217-20 of the French Consumer Code) as well as the warranty against hidden defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code, provided that the use has been normal and the care conditions have been complied with, from delivery.

The Customer may contact the Customer Service, in particular via the contact form on the Website to receive any information relating to the exercise of these warranties. In accordance with Article 26, the Customer shall first contact Officine Générale to seek an amicable solution when the latter intends to invoke one of the aforementioned warranties. These warranties allow the Customer to return any Item delivered with a defect or lack of conformity for reimbursement under the aforementioned conditions.

15.1. Warranty against hidden defects

Article 1641 of the French Civil Code: the seller is required to provide the warranty for hidden defects of the item sold which render it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have purchased it, or would have paid only a lower price, if he had known them.

Article 1643 of the French Civil Code: the seller is liable for hidden defects, even if it has not known them, unless, in this case, it has been stipulated that it will not be bound by any warranty.

Article 1644 of the French Civil Code: in the case of Articles 1641 and 1643, the buyer has the choice to return the item and to be refunded the price, or to keep the item and to be returned part of the price.

Article 1646 of the French Civil Code: if the seller were unaware of the defects of the item, it shall only be liable for the return of the price, and to reimburse the buyer for the costs incurred by the sale.

Article 1648 paragraph 1 of the French Civil Code: the action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.

When the Customer takes action under the warranty against hidden defects of the item sold, the latter shall benefit from a period of two (2) years from the discovery of the defect to act and may choose under the conditions provided for in Article 1644 of the French Civil Code between (a) the termination of the sale and therefore return the item concerned and be refunded the price or (b) keep the Item concerned and be refunded only part of the sale price.

15.2. Legal warranty of conformity

Article L217-3 of the French Consumer Code: The seller delivers an item in accordance with the contract as well as the criteria set out in Article L. 217-5.

It shall be liable for non-compliance existing at the time of delivery of the item within the meaning of Article L. 216-1, which appear within two years of delivery.

The seller shall also be liable, during the same time limits, for non-compliance resulting from the packaging, assembly instructions, or installation when it has been responsible for it under the contract or has been carried out under its responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the time bar for the consumer’s action is the day of the latter’s knowledge of the lack of conformity.

Article L217-4 of the French Consumer Code: The item complies with the contract if it meets, where applicable, the following criteria:

  1. It corresponds to the description, type, quantity and quality, particularly with regard to the functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
  2. It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
  3. It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
  4. It is updated in accordance with the contract

Article L 217-5 of the French Consumer Code:

I.- In addition to the criteria for compliance with the contract, the item is compliant if it meets the following criteria:

  1. It is suitable for the use usually expected of the item of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
  2. Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;
  3. Where applicable, the digital elements it contains are provided in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
  4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
  5. Where applicable, it is delivered with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
  6. It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and security, that the consumer can legitimately expect for items of the same type, having regard to the nature of the item as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labelling.

II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if it demonstrates:

  1. That it was not aware of them and was not legitimately able to be aware of them;
  2. That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
  3. That the public statements could not have had any influence on the purchase decision.

III.-The consumer may not challenge compliance by invoking a defect concerning one or more specific characteristics of the item, of which they were specifically informed that they deviated from the compliance criteria set out in this Article, which they expressly and separately agreed to at the time of conclusion of the contract.

Article L. 217-7 paragraph 1 of the French Consumer Code: Non-conformities that appear within twenty-four months from the delivery of the items, including items containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked. Article L217-8 of the French Consumer Code: In the event of a lack of conformity, the consumer is entitled to have the item brought to conformity by repair or replacement or, failing that, to the reduction of the price or the termination of the contract, under the conditions set out in this subsection.

The consumer shall also have the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, under the conditions of Articles 1219 and 1220 of the French Civil Code.

The provisions of this Chapter shall be without prejudice to the award of damages.

Article L. 217-9 of the French Consumer Code:

The consumer is entitled to request that the item be brought to conformity in accordance with the criteria set out in subsection 1 of this section.

The consumer shall ask the seller to bring the items into conformity, by choosing between repair and replacement. To this end, the consumer shall make the item available to the seller. Article L 217-10 of the French Consumer Code:

The items shall be brought into conformity within a reasonable period of time which may not exceed 30 days following the consumer’s request and without major inconvenience to the latter, taking into account the nature of the item and the use sought by the consumer.

The repair or replacement of the non-compliant item includes, where applicable, the removal and collection of this item and the installation of the repaired or replacement item by the seller.

A decree specifies the terms and conditions for bringing the item into compliance. Article L 217-11 of the French Consumer Code: The items shall be brought into conformity at no cost to the consumer.

The consumer is not required to pay for normal use of the replaced item during the period prior to its replacement. When the Customer takes action for the legal warranty of conformity, the latter (a) has a period of two (2) years from the date of delivery of any Item to act, it being specified that the limitation period begins to run on the day the Customer becomes aware of the lack of conformity, (b) may choose between the repair or replacement of any Item and (c) is exempted from providing proof of the existence of the lack of conformity of the Item on the date of delivery when this defect appears throughout the duration of the legal warranty.

If the Item cannot be repaired or replaced, Officine Générale may reimburse the Customer for part or all of the price of the Item concerned.

  1. AGREEMENT ON PROOF

The Customer acknowledges and accepts that the Order recording systems act as proof of all transactions between Officine Générale and the Customer.

The Customer acknowledges and accepts that proof of its acceptance of these GTCS (and any updates) is established by confirming the Order and for each Order.

To this end, the Customer acknowledges and accepts that the computerised data stored on Officine Générale’s IT servers under reasonable conditions of security and integrity, shall be considered irrefutably as proof of acceptance of the terms of the GTCS and proof of all transactions between Officine Générale and the Customer.

Consequently, except in the event of manifest error by Officine Générale proven by the Customer, the latter may not challenge the admissibility, validity or probative value of the GTCS and the content of the order, on the basis of any legal provisions whatsoever and which specify that certain documents must be written or signed to constitute proof.

As a result, these elements constitute evidence and, if they are produced as evidence by Officine Générale in any dispute or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that may be drawn up, received or kept in writing.

At any time, the Customer has the right to print, download and keep a copy of the GTCS in paper and electronic format.

  1. LIABILITY

Officine Générale reserves the right to modify the information contained on the Website at any time and without prior notice.

Officine Générale undertakes to describe with the utmost accuracy the Items sold on the Website and to update, under the best possible conditions, the information disseminated on it.

The Customer acknowledges and accepts that the prices of the Items may vary between the Website and any Stores marketing Items and that under no circumstances can this price difference lead to a request for reimbursement, either in whole or in part, of any Item purchased either on the Website or in Stores outside the exercise of their right of withdrawal under the conditions provided for in Article 12 of these GTCS.

No provision of the GTCS is likely to exclude or limit the liability of Official Générale for:

- personal injury or death resulting from our negligence;

- fraud or fraudulent misrepresentation;

- breach of any obligation resulting from the applicable law on consumer protection; or

- any other cause of liability that we cannot limit or exclude under applicable law.

Officine Générale may not be held liable in the event of a breach or total or partial non-performance of one of its contractual obligations resulting from a fortuitous event or a force majeure event recognised as such by the French Civil Code and the case law of the French courts. Force majeure is an external, unforeseeable and irresistible event.

In particular, Officine Générale shall not be held liable for any total or partial non-performance of its obligations under the sales contract, in particular for any delay in the performance of Orders, when such non-performance is caused by an event constituting force majeure, within the meaning of Article 1218 of the French Civil Code (“Force Majeure Event”), it being specified that a Force Majeure Event includes any act, event, failure, omission or accident beyond the control of Officine Générale and includes in particular (non-exhaustive list):

  1. Strikes, closures or other industrial actions;
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation of war;
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
  4. Inability to use transport by rail, boat, plane, roads or other private or public means of transport;
  5. Inability to use public and private telecommunications networks;
  6. Acts, decrees, laws, regulations or restrictions of any government;
  7. Strike, failure or maritime, postal or other transport accidents.

Officine Générale shall notify the Customer of an event constituting a Force Majeure Event, within ten (10) business days of its occurrence.

The execution of the GTCS will be suspended as long as the Force Majeure Event lasts and the deadlines for execution and delivery will be extended accordingly. Officine Générale shall endeavour to the extent possible to put an end to the Force Majeure event or to find a solution allowing it to perform its contractual obligations despite the Force Majeure event.

Officine Générale and the Customer must consult each other as soon as possible in order to determine the terms and conditions for processing the Order for the duration of the Force Majeure Event. Beyond a period of one (1) month of interruption for a Force Majeure Event, Officine Générale and the Customer shall be released from their respective obligations towards each other.

  1. LICENSE

Officine Générale grants the Customer a licence limited to personal use of the Website, to the exclusion of any professional or commercial use of the Website.

Under no circumstances may this Website or any part of the Website be reproduced, copied, sold, downloaded, modified or exploited for commercial or business reasons without the prior written and express authorisation of Officine Générale.

The Customer must not use techniques to copy a brand, logo or any other information (including images, text, models) owned by Officine Générale without its prior express written consent.

Officine Générale authorises the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Website provided that this link does not harm the interests of Officine Générale. Inserting a hypertext link which may suggest that the items are counterfeit may in particular harm the interests of Officine Générale.

Under no circumstances shall Officine Générale be liable for the creation of this hypertext link, for any reason whatsoever.

  1. PROTECTION OF PERSONAL DATA

The Customer is informed that their personal data may be collected on the Website and used by Officine Générale who acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, (hereinafter “General Data Protection Regulation” or “GDPR”).

Officine Générale undertakes to protect and ensure the security and confidentiality of its Customers’ personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorised Third Parties.

In particular, the personal data of Customers may be transmitted to contractual service providers and partners who, as data processors within the meaning of the GDPR, intervene and contribute directly to the processing of Orders and for which it is absolutely necessary to access the personal data entered by the Customer when creating and using their Customer Account (identity, postal address, telephone number, email address). Subcontractors may only act on the instructions of Officine Générale.

Customers’ personal data are collected for the following purposes:

- The processing of Orders and relations with Customers;

- Information to Customers relating to offers and commercial information related to the brand;

- Strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Customer’s preferences observed on the Website;

- Improving and customising the services offered to Customers and compliance with legal and regulatory obligations;

- The Customer’s personal data shall only be kept for the period strictly necessary with regard to the purposes set out above.

In accordance with the GDPR, the Customer has a right of access, rectification, limitation, opposition and portability of personal data concerning the Customer (hereinafter the “Data Protection Rights”).

In order to exercise one or more of the Data Protection Rights, the Customer must send a request by email or by post to the Officine Générale Customer Service, by filling in the contact form on the Website or by writing to the following address indicating the last name, first name, email address and customer references: Officine Générale Service client, 11 rue Jules Chaplain, 75006 Paris.

Each request must be signed and accompanied by a photocopy of an identity document bearing the client’s signature and specify the reply address.

The response to the request made on the basis of one or more Data Protection Rights will be sent within one month which may be extended to two months depending on the complexity of the request from the month following receipt of the request.

The Customer may communicate to Officine Générale specific instructions defining the manner in which they wish, after death, their Data Protection Rights to be handled in accordance with the GDPR.

If no instructions are sent, the heirs of the data subject may exercise after the death of the data subject the rights relating to the communication, retention or erasure of the data of the deceased person.

  1. COMMERCIAL OFFERS AND NEWSLETTERS

Officine Générale may send to the Customers information relating to the brand Items and commercial offers by mail, email, SMS, telephone or via all web spaces run by Officine Générale on social networks, subject to prior acceptance.

The Customer has the right at any time to object at no cost to these marketing messages, by clicking on the “unsubscribe” link in each email or, by making a request in a Store, via its Customer Account or by mail. 

  1. COOKIES

The “Cookies” section makes it possible to learn more about the origin and use of browsing information processed during the consultation of the Website and on the rights of users/Customers.

Accordingly, during the consultation of the Website, browsing information may be recorded in “Cookies” files installed on the user’s/Customer’s terminal (computer, tablet, smartphone, etc.).

Officine Générale issues these cookies in order to facilitate the navigation of the user/Customer on the Website, to personalise content and advertisements, to provide the user / the Customer with social media access options, and to analyse traffic data. They may also be issued by brand partners in order to personalise the advertising offer that is sent outside the Website.

Cookies may be placed in various spaces of the Website. These spaces can display advertising content from advertisers on the terminal of users.

Only the issuer of a cookie is likely to read or modify the information contained therein.

Reading or placing certain cookies requires, except in the case of strictly technical cookies, the prior consent of the user / customer. In this case, the user / the Customer, after having been duly informed via the cookie banner information and the information of these GTCS, expresses their consent by continuing to visit the Website.

Cookies last for thirteen (13) months after their first installation on the terminal equipment of the user / the Customer.

Cookies issued by Officine Générale:

The cookies that Officine Générale installs on the user’s / the Customer’s terminal make it possible to recognise the browser used to connect to the Website.

Officine Générale issues cookies with the following purposes:

  • Establish attendance statistics (number of visits, page views, abandoned orders, etc.) in order to monitor and improve the quality of its services:
  • Adapt the presentation of its Website to the display preferences of the terminal:
  • Store information entered in forms, manage and secure access to reserved and personal spaces such as the Customer Account and its shopping cart:
  • Provide the user with content, including advertising, in connection with the user’s/Customer’s interests and customising offers.

Third-party cookies:

When the user / Customer accesses the Website, one or more cookies of partner companies (“third-party cookies”) may be placed on the computer via the Website pages or via content published in advertising spaces.

The purpose of the cookies placed on the Website by the service providers that Officine Générale uses to promote its activities and offers is to:

- identify the Items viewed or purchased on the Website in order to personalise the advertising offer sent:

- send, if the user/Customer has authorised it when registering with these service providers. 

The purpose of the cookies contained in the Website’s advertising spaces is to enable the compilation of statistics on the ads displayed (number of displays, advertisements displayed, number of users who clicked on each advertisement, etc.).

However, Officine Générale ensures that partner companies process the information collected on the officinegenerale.com Website exclusively for the purposes of Officine Générale and in compliance with the French Data Protection Act. 

The user/Customer may refuse third-party cookies by an appropriate setting of their browser.

The user’s choices regarding cookies

Several options are offered to the user to manage cookies. Any setting may change their browsing on the Internet and their conditions of access to certain services requiring the use of Cookies.

The user / Customer can configure their browsing software so that cookies are stored on their terminal or, on the contrary, that they are rejected, either systematically or according to their issuer.

The user/Customer may also configure their browser software so that the acceptance or refusal of cookies is offered to them from time to time, before a cookie is likely to be saved on their terminal.

Settings of the main browsers:

The user/Customer may at any time choose to block or disable these cookies by configuring the Internet browser of their computer, tablet or mobile phone, in accordance with the instructions established by their browser provider and appearing on the websites mentioned below.

For more details, the user can also consult the CNIL website and in particular the page: https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les-responsables-de-sites-quels-conseils

  • For Mozilla Firefox:

Open the “Tools” menu, then select “Options”; click on the “Privacy” tab then choose the desired options or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies

  • For Microsoft Internet Explorer:

Open the “Tools” menu, then select “Internet Options”; click on the “Confidentiality” tab then the “Advanced” tab choose the desired level or follow this link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookie

  • For Safari:

Choose “Safari > Preferences” then click on “Security”; In the “Accept cookies” section choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

  • For Google Chrome:

Open the configuration menu (wrench logo), then select “Options”; click on “Advanced options” then in the “Confidentiality” section, click on “Content Settings”, and choose the desired options or follow this link: https://support.google.com/chrome/answer/95647?hl=fr

 For iOs:

http://support.apple.com/kb/HT1677?viewlocale=fr_FR

The user/Customer may also type “cookies” in the “help” section of their browser in order to access the settings instructions.

  1. INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE

Officine Générale is the exclusive owner of the intellectual property rights to the following elements, without this list being exhaustive:

- On the Items offered on the website, on the brands associated with the Items;

- On the Website, and in particular for its tree structure, on the organisation and ownership of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on software, texts, moving or still images, sounds, know-how, drawings, graphics and any other component of the Website;

- On the databases, their structure and their content, designed and managed by Officine Générale for the purposes of publishing the Website;

- On all design elements of the Website, whether graphic or technical;

- On the names, acronyms, logos, colours, graphics, or other signs that may be used, created or implemented by Officine Générale.

It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in this article, as well as to alter the trademarks, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available on the Website, and more generally to use or exploit these elements other than in the context of the performance hereof.

As such, the reproduction or use of all or part of these elements is only authorised for personal and private use, and any reproduction and any use of copies made for other purposes being expressly prohibited.

Any use of elements in breach of the rights held by Officine Générale or third parties thereto constitutes copyright infringement, sanctioned by the French Intellectual Property Code.

Officine Générale shall under no circumstances be held liable for the violation by a Customer of rights held by third parties and perpetrated due to the latter’s activities on the Website.

  1. MODIFICATION OF THE GTCS

Given the possible changes to the Website and regulations, Officine Générale reserves the right at any time to modify or update all or part of the GTCS.

Only the GTCS in force at the time of conclusion of the Order and the sales contract will be enforceable against the Customer.

The new GTCS will, where applicable, be brought to the attention of the Customer by modifying the dedicated page of the Website. The Customer will then be invited to expressly consent to the new version of the GTCS.

  1. RETENTION OF TITLE

The Items remain the property of Officine Générale until full payment of the price, in principal, including taxes and mandatory contributions.

  1. ENTIRE AGREEMENT

These GTCS and any Order summary sent to the Customer form a contractual whole summarising all the agreements entered into between the Customer and Officine Générale.

  1. APPLICABLE LAW - LANGUAGE

The GTCS and the contractual relations between Officine Générale and the Customer are subject to French law. This clause does not in any way prevent the mandatory provisions from which the Customer may benefit in their country as a consumer.

These GTCS are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

  1. DISPUTES

In the event of any difficulty arising in connection with the Order or delivery of any Item, the Customer shall have the option, before any legal action, to seek an amicable solution with Officine Générale and to use the mediation service offered by Officine Générale free of charge. The “consumer law” mediator proposed is CM2C - 49 RUE DE PONTHIEU - 75008 PARIS, FRANCE.

This mediation mechanism may be contacted by:

- postal service: CM2C - 49 RUE DE PONTHIEU - 75008 PARIS, FRANCE

- internet: https://www.cm2c.net/

The Customer remains free to accept or refuse the use of mediation, and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

In the absence of an amicable solution or recourse to mediation, all disputes to which the GTCS may give rise shall be submitted to the competent court under the conditions of ordinary law.

ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS ENTERED INTO PURSUANT TO THESE GTCS MAY GIVE RISE AS TO THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, THEIR CONSEQUENCES AND THE IMPLICATIONS WHICH COULD NOT HAVE BEEN SETTLED BETWEEN OFFFICINE GENERALE AND THE CUSTOMER SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF ORDINARY LAW.


 

Withdrawal/cancellation form template

(to be completed and returned if you wish to exercise your right of withdrawal)

To Officine Générale 11 rue Jules Chaplain 75006 PARIS - eshop@officinegenerale.com

I/We (1) hereby notify you (1) of my/our (1) desire to withdraw from the Contract relating to the sale of the following Item(s):

Ordered on (1)/received on (1):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper)

Date

(1) Delete as appropriate

 

Assistance

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DELIVERY

Express worlwide delivery withing 3 to 5 business days.

Service client

Contact us by phone +33 (0)1 85 09 64 42 or email : eshop@officinegenerale.com.