Terms of Sales
Preamble
The present conditions of sale are concluded on the one hand by the company Benchekroune hereinafter referred to as "Ojas" whose address of the establishment is located at 11 rue Fourcroy - 75017 Paris, registered with the Trade and Companies Register of Paris under the number 825 299 134, and on the other hand by any natural or legal person, professional or consumer, hereinafter referred to as "Customer", wishing to make a purchase via the website www.ojas.fr, hereinafter "Website".
The Customer who wishes to buy on the Website declares to be of legal age and have full legal capacity.
The Customer who validated an order, hereinafter "Buyer", declares to have taken knowledge of these terms and conditions of sales hereinafter "GTC" and accepts them without reservation.
Article 1: object
These conditions of sale aim to define the contractual relations between Ojas and the Buyer and the conditions applicable to any purchase made through the Website. The confirmation of the order of a product through this Website implies unreserved acceptance by the Customer of these conditions which he acknowledges having read before ordering. Before any transaction, the Buyer declares on the one hand that the purchase of products on the Website is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, him making it possible to commit to these general conditions of sale. These conditions apply regardless of the clauses which appear in the Client's documents and will prevail over all other conditions appearing in any other document, except prior written exemption.
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Ojas reserves the right to modify at any time its T & Cs. As a result, the applicable conditions will be those in force on the date of the order by the Purchaser.
Article 2 - Products
The products offered are those which appear on this Website, the offers and prices are only valid as long as they are visible on the Website and in the limit of the available stock. Ojas reserves the right to modify the product assortment at any time. Each product is presented on the Website in the form of a description showing its main technical characteristics. (capacity, use, composition, etc.).
The photographs illustrating the products are as faithful as possible but are non-contractual, they do not bind the seller in any way.
Article 3 - Prices
The prices appear on the product sheets of the internet catalog and are expressed in Euros. Owing to its status as a self-employed company, Ojas is exempt from VAT, it is therefore not applied. Ojas reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog at the time of registration of the order will be the only one applicable to the Buyer, subject nevertheless to the availability of the products. The prices indicated do not include delivery costs, invoiced in addition the price of the products purchased.
Article 4 - Order and payment terms
1- Order
The Customer who wishes to place an order online via the Website must:
enter their requested billing and delivery details;
validate your basket;
validate his order after having checked it;
accept these general conditions of sale;
make the payment under the conditions provided;
confirm their order and payment.
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All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The registered order will be confirmed by email.
2- Payment terms
For any order placed via the Website, payment is due when ordering.
The Buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.) and verify the delivery address. Then, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier. Then, the buyer chooses the payment method of his choice. The next step is to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites them to validate their order by clicking on the "Confirm my order" button.
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Ojas offers the Buyer to adjust your products with 2 payment options to choose from:
secure payments by bank card: to make the payment, the Purchaser will have to enter his bank details (the 16 digits appearing on his bank card, its validity date, the visual cryptogram of this same card and the name of the bank card holder). The transaction is carried out through the service secure payment Stripe which uses the SSL "Secure Socket Layer" protocol so that no third party, except banks, cannot take cognizance of the information transmitted during transport on the network, these being encrypted by software. Your payment is made directly to our bank in a secure environment without going through the store's server.
secure payments by Paypal : the Buyer is redirected to the secure interface PAYPAL in order to securely fill in your account references Paypal.
If the payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In the event of fraudulent use thereof, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must contest, in writing, the debit from his bank, within 70 days of the operation, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No cost of restitution of sums can be charged to the holder.
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The confirmation of an order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the Buyer has provided his email address on his order form, Ojas will send him confirmation by email that his order has been registered.
If the Buyer wishes to contact Ojas, he can do it by email to the following address: ………………….
Article 5 - Billing
The invoice is sent to the address indicated by the Purchaser after confirming the order. It is established in accordance with the price list in effect at the time of the order. Ojas disclaims all liability for input errors made by the Purchaser.
Article 6 - Deliveries of products ordered remotely
Deliveries are made to the address indicated on the order form. We undertake to process and ship your products no later than thirty days from the day after the order is confirmed by the Purchaser.
Deliveries in mainland France are made by La Poste via COLISSIMO, delivery service with tracking, delivery without signature or by an express carrier.
Ojas will be able to provide the Buyer with the tracking number of his parcel by e-mail. The buyer is delivered to his home by his postman. If the buyer is absent, he will receive a calling card from his postman, which allows him to collect the products ordered at the nearest post office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of Ojas. The buyer is required to check, in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and their contents on delivery. In case of damage during transport (damaged package, broken product, degraded, missing, etc.) any protest must be made to the carrier at the time of handing over the package on the receipt that the latter will present to him. The Purchaser must also imperatively notify, on the same day or at the latest the first working day following receipt, the Ojas after-sales service by sending an e-mail to hello@ojas.fr .
For deliveries outside mainland France, an additional delivery time may be considered. In addition, if applicable, the Buyer agrees to pay all taxes due under the laws of the country of receipt of the order (customs duty, value added tax, etc.).
Ojas cannot guarantee an exact date and time of delivery. Delivery times are only indicative. Exceeding this period may in no case be held against Ojas, nor give rise to a termination of the contract or any compensation for damages.
Cases of force majeure (war, riot, fire, strikes, accidents, impossibility of being supplied, pandemic and epidemic) release us from liability. A delay cannot give rise to compensation, and does not grant the Buyer the right to cancel the order or to refuse delivery of his package. The return of goods can only be done with the prior agreement of Ojas.
Article 7 - Retractions
Under Article L121-20 of the Consumer Code, the Buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs which will be borne by the Buyer. The right of withdrawal must be made by e-mail to the address: hello@ojas.fr. To be refunded the full amount paid, the Buyer must return the product (s) in their original packaging (s), specify the date of dispatch and the tracking number of the package. back.
Without this, the return cannot be taken into account.
The refund will be made within a maximum period of fourteen days from receipt and verification by Ojas of the returned products.
Article 8 - Guarantee
All products supplied by Ojas benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to Ojas who will take it back, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by post to the following address:
Benchekroune - 11, rue Fourcroy - 75017 Paris, within thirty days of delivery.
Article 9 - Retention of title
Ojas retains full ownership of the products sold until full collection of the price, in principal, costs and taxes included.
Article 10 - Responsibility
In the distance selling process, Ojas is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, problems with data transmission, connection or unavailability of the network, nor access speeds or the possible non-functioning of the Internet network, fault, negligence, omission or failure of the Client, misuse by the Client of the website or other unintentional problems.
Article 11 - Customer relationships
If one or more clauses of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
Ojas will not be able to be held responsible in the event of contractual non-performance following a case of force majeure.
Ojas reserves the right to to modify at any time and without notice these GTC. CGV currently applicable supersede and replace all previous versions of these conditions.
Article 12 - Property intellectual
All elements of the Website are and remain the intellectual and exclusive property of Ojas. No one is authorized to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the Website, whether in the form of a photo, logo, visual or text.
The creation of hypertext links to the Website can be carried out without prior authorization.
The brands mentioned on the Website are registered and protected trademarks, they are therefore the exclusive property of Ojas.
Article 13 - Personal data
Ojas undertakes to preserve the confidentiality of the information provided by the Purchaser, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law n ° 78-17 of January 6, 1978.
As such, the Customer has the right to access, modify and delete information concerning him. He can request it at any time by email to the following address: hello@ojas.fr .
Article 14 - Litigation
In the event of a dispute, the Customer will first contact the company to obtain an amicable solution. In the absence of an amicable agreement, these distance selling conditions are subject to French law regardless of the Buyer's country of residence, the place of delivery and the method of payment accepted.
All disputes between the parties hereto or litigation will be submitted to the competent courts.
In addition, Ojas reserves the right to refuse any order from a Customer with whom there is a dispute.