applicable from 06/19/2022
ARTICLE 1. PARTIES
ARTICLE 2. DEFINITIONS
“Client ”: any person, natural or legal, by law private or public law, listed on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as you texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Organink, Auto-entrepreneur taken in its capacity as publisher of the Site."Internet user": any person, natural or legal, under private or public law, connecting to the Site.
"Product": property of any nature sold on the Site by the Publisher to Clients.
“Site ”: website accessible at the URL www.organinktattoo.fr, as well as the sub-sites, mirror sites, portals and variations of URLs relating thereto.
ARTICLE 3. SCOPE
The Site is open and free of charge to any Internet user. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet User acknowledges by the same token having read them fully and accepting them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of proof of the Publisher's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or a curator if they are incapable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2.Validation of the order by the Internet user
By consulting their basket, Internet users will have the option of checking the number and the nature of the Products they have chosen and will be able to check their unit price, as well as than their overall price They will have the option of removing one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal information.5.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery details and invoice, then will be invited to make their payment by being redirected for this purpose to the secure payment interface with the words "order with obligation to pay" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming that it has been processed, containing all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can make payment by Paypal.
In the context of payments by credit card, the Publisher does not have access to no data relating to the means of payment of the Customer. Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid when due will give rise to place, ipso jure and without formal notice, the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the fault of the Customer. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5.Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause
ARTICLE 7. COMPLAINT - WITHDRAWAL – GUARANTEE
7.1. Customer service
The Site's customer service is available from Monday to Saturday from 09:00 to 19: 00 to the following non-surcharged telephone number: 0672573237, by e-mail to: Organinkcontact@gmail.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide an answer under 24 hours.
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons nor to pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of content digital not provided on a material medium, either from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the delivery runs from the receipt of the last good or batch or the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the period of fourteen days expires on a Saturday, a Sunday or a public holiday or non-working day , it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of a declaration devoid of ambiguity. The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions. In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all the sums paid, as soon as possible and at the latest within fourteen days following the date on which which this right was exercised. Where applicable, the professional may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of the Products, whichever comes first. Beyond that, the sum due is, by operation of law, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless the Client has expressly agreed to the use of another means of payment and insofar as the reimbursement does not incur any costs for the Customer However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 10 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer's liability is only engaged 'with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are explained in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the supply of services fully performed before the end of the withdrawal and the performance of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal;
- the supply of goods made to the Customer's specifications or clearly personalized;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or protection of the health;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limits of the spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery; the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded at a public auction;
- the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
- for the provision of digital content not provided on a material support whose execution has begun after express prior agreement of the Customer and express waiver of his right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts executed in full by two parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for a service, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the services I would benefit from before the end of this period" The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
The Client who has exercised his right of withdrawal from a contract for the provision of services, the performance of which has begun, at his express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the communication of its decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Termination of the contract on the Customer's initiative
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him when placing the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the resolution of the sale provided for in this article.
7.4.1. Warranty against visible defects
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with articles L. 133-3 and following of the Commercial Code
7.4.2. Warranty against hidden faults and defects
22.214.171.124. Legal guarantees
Customers have a legal guarantee of correct delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
126.96.36.199. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 years from delivery of the Product.
In order to implement the warranty, it is the Customer's responsibility to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair or exchange or refund.
In any event, the Customer is asked to follow the Publisher's instructions precisely regarding the return of the Products.
The cost of returning the Product remains the responsibility of the Customer , except for Consumer Customers implementing the conformity guarantee of Articles L. 217-4 et s. of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the seller . As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code Finally, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects, he can choose between the cancellation of the sale or a reduction in the sale price.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in connection with the execution of these general conditions and whose resolution could not be found beforehand amicably between the parties must be submitted.
In addition, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
As of January 1, 2016, mediation is compulsory for all. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether he sells remotely or in a physical store (Source: FEVAD).
MOLIE GHAIS / 0672573237
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.
The Publisher's failure to exercise the rights granted to it herein shall in no way be interpreted as a waiver to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the option of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv .fr/.
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer..