LAST UPDATE - MARCH 2022
The Company OAKÂME SAS, with a capital of 10 000 euros, whose headquarters are located in BONDUES (59910) 40 Avenue du Professeur Paul Langevin, registered in the trade and companies register of LILLE MÉTROPOLE under the number 89 168 198 300 013 represented by Mr Christopher CHEVREUIL and Mr Hugo GAVEAU.
ARTICLE 1 - Scope of application
The purpose of the present General Conditions of Sale is to define the conditions under which OAKÂME (hereinafter also called "the Vendor" or “the Seller”) provides to consumers and non-professional Customers ("the Customer” or “the Customers") who request it, by phone, by e-mail, or via the Vendor's website www.oakame.com, the products proposed by mean of a quotation on the website, in the catalogs as well as custom-made furnitures (hereafter referred to as "the Products").
They specify inter alia the conditions for placing an order, payment, and delivery of the Products ordered by the Customers.
These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order and shall prevail, if necessary, over any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by placing an order with the Vendor. Validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges that he/she has the capacity required to contract and acquire the Products offered by the Vendor.
ARTICLE 2 - Orders - Availability of Products - Prices
2.1. Orders and Availability of Products
The Customer shall send a request for a quote via the Vendor's website, by telephone or any other electronic means. For custom-made Products, Customers shall send a request for a quote via the Vendor's website at the following address: https://www.oakame.com/fr/nous-contacter ("custom-made project" tab), by phone or by any other electronic means.
In addition, such orders for custom-made Products must be accompanied by a design plan of the Product as requested by the Customer, specifying its essential characteristics (e.g. raw materials, dimensions).
Sales are perfect and final only after:
Unless otherwise specified, the quotation shall be valid for a limited period of thirty (30) days from the date of issue indicated on the said document. After this period, the Customer must request a new quotation from the Vendor.
Once the Order is validated, the Customer will receive by email the confirmation of his order and the invoice related to it. This confirmation will summarize the order as well as the relevant delivery information.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
The Products are offered within the limits of available stocks. The Vendor shall not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the Product. In this case, the Vendor will contact as soon as possible the Customer in order to propose one of the following alternative solutions: a new delivery date, the replacement of the Product by another equivalent product or the reimbursement of the price of the Product concerned, without the Customer being able to claim any compensation.
The essential characteristics of the standard Products (Products other than the custom-made Products) are available on the Vendor's website. Also, wooden Products are equipped with an NFC card, allowing the Customers to access, via a mobile portal, a detailed technical sheet specifying the characteristics and the origin of the wood.
The manufacturing of the Products is handmade and based on natural materials, this may result in visual variations between, on the one hand, the photographs and visuals of the website, catalogs and model of exposure and on the other hand, the Products as delivered. The photographs and visuals of the Products displayed on the website and catalogs are not contractual and the Vendor shall not be held responsible for any visual variations.
Unless otherwise stated, the dimensions are considered to be overall. The products are handcrafted and as above-mentioned made from natural materials and may therefore vary by ± 2,5% from the dimensions indicated on the quotation.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
2.2 Modification of the order
Any changes requested by the Customer shall be taken into account, within the limits of the Supplier's possibilities and at its sole discretion, only if they are notified in writing seven (7) days after the order is placed and after the Customer has signed a specific order form and possibly adjusted the price.
ARTICLE 3 – Price - Terms of payment
3.1. Price of the Products
The Products are supplied at the price indicated on the order's quotation. If the total cost of the Products is not calculable in advance, the Vendor shall send to the Customer a detailed quotation setting forth the formula for calculating the price, including for this purpose the cost of raw materials. In such case, the Vendor shall send a quotation with a definitive price as soon as it can be calculated.
Prices are expressed in euros and include VAT (VAT at the current legal rate applicable). These prices are firm and non-revisable during the period of validity of the quotation, as indicated on the latter, the Vendor reserving the right, outside this period of validity, to modify the prices of the Products.
For all shipments outside the European Union and the French overseas departments and territories, the Vendor shall take care of customs export formalities. It is then up to the Customer to pay any customs duties and any other tax related to the import on the basis of the documents provided by the Vendor.
The prices of the Products do not include shipping, transportation, delivery and installation costs, which are invoiced in addition and calculated before the order is placed.
3.2. Terms of payment
Unless otherwise stated, sales are due and are payable in full including VAT on the date of issue of the invoice.
The Seller reserves the right to start manufacturing the Product when receiving the effective payment by the Customer.
The following payment methods can be used:
- by SEPA bank transfer
All SEPA bank transfers must be sent to the supplier to the following bank account:
IBAN number : FR76 1627 5006 0008 0020 9118 233
SWIFT Code : CEPAFRPP627
Bank name :Caisse d’Epargne
Any bank charges related to the transfer for the payment of the invoices shall be borne by the Customer.
Payments made by the Customer shall not be considered definitive until the Seller has received the amounts due.
In the event of cancellation of the order or termination of the contract by the Customer, for any reason whatsoever, the Seller shall retain 50% of the total amount of the Order.
In the event of a written agreement between the Parties providing for different payment terms, the following rules may be applied:
Articles 1231 and following of the Civil Code regulate the regime of damages in case of non-performance of the contract, which includes default damages. This is compensation for the debtor's delay. Article 1236 provides that: "Damages due for delay in the payment of an obligation to pay a sum of money shall consist of interest at the legal rate from the date of the notice of default".
The applicable legal interest rate is the one defined every six months by order of the French Minister in charge of the economy. According to the order of June 25, 2021 setting the legal interest rate for the second half of 2022, the legal interest rate is set at 0.76% for debts owed by natural persons not acting for professional purposes.
Except with the express, prior and written agreement of the Seller, and provided that the reciprocal claims and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the Products ordered by the Customer on the one hand, and the sums owed by the latter to the Seller for the purchase of said products on the other.
Any sum paid in advance of the price, deposit or advance payment, shall bear interest at the legal rate at the end of a period of three months from the date of payment until the date of delivery or performance of the service (art. L214-2 of the Consumer Code).
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 4 - Discounts and Rebates
The Vendor may grant the Vendor price reductions, discounts and rebates based on the number of Products available or on the frequency of the orders, according to the conditions set forth in a specific written agreement by the Vendor.
ARTICLE 5 - Deliveries – Reception
5.1. Terms of delivery
The Products ordered by the Customer will be delivered to the address provided by the Customer when placing the order. The Products are accompanied by a delivery note, which must be signed by the Customer or any representative of the latter. The Seller is not responsible for undelivered Products once proof of shipment can be provided.
In the event that delivery is impossible due to an error in the address provided by the Customer, the Seller shall contact the Customer as soon as possible to obtain a new delivery address and any additional delivery charges shall be borne by the Customer.
All postal shipments are assigned a tracking number. Once the order is processed, this number is sent by email with the link to track the package in real time.
The Products purchased by the Customer will be delivered within the time period indicated on the order form. The delivery periods only start to run as from the effective receipt by the Vendor of the sums due.
In the event of a request for modification subsequent to the placing of the order by the Customer, and in particular concerning custom-made Products, the delivery period shall only begin as of the last modification request concerning the custom-made Product.
In the event of a delay exceeding the maximum time limit, the Customer may request the cancellation of the sale and the payments made will then be returned to him by the Seller.
The Seller shall not be liable for any delay or suspension of delivery which is due to the Customer’s default, and inter alia, in the event of late payment, or in case of force majeure.
In the event of a particular request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs shall be the subject of a specific additional invoice, based on a quotation previously accepted in writing by the Customer.
5.2. Receipt of the Products
The Customer is required to check the apparent condition of the Products upon receipt of the Products. If the Customer detects an apparent defect of conformity of the order or the Products at the reception of the Products:
The Customer must express his precise and motivated reservations at the very moment of the reception of the goods on the delivery note and inform the Seller as soon as possible and within a maximum period of 72 hours by e-mail.
It shall be the Customer's responsibility to provide any justification as to the reality of the apparent defects invoked. The Customer shall give the Vendor all facilities to establish such defects and shall refrain from repairing the Products without the prior written approval of the Supplier.
In the event of an apparent defect in the Products duly noted by the Supplier under the conditions/formalities provided for above, the Supplier shall replace the delivered Products as soon as possible and at its own expense, or shall proceed with a refund if the Products are no longer available. No return of goods will be accepted without the prior agreement of the Supplier. Any non-conforming Product must be returned in its original packaging, accompanied by a copy of the invoice and any other document that may have been provided.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The Vendor retains the ownership of the material and the equipment sold until the effective payment of the entire amount.
The transfer of risk, loss and deterioration shall only be effective when the Customer takes physical possession of the Products. The Seller shall bear the risks of transport.
The seller cannot be held responsible for loss or damage if the customer has not signed the delivery note.
ARTICLE 7 - Responsibility of the Supplier - Guarantee
The Products offered for sale comply with the regulations in force in the territory where the Products are marketed and are only compatible with non-professional use.
The Products supplied by OAKAME benefit by right and without additional payment, in accordance with the legal provisions contained in the Consumer Code and the Civil Code of:
● the compliance guarantee (article L. 217-5 of the Consumer Code), for the Products apparently unsuitable for consumption or not corresponding to the order and of ;
● the legal guarantee against the latent defects (articles 1641 to 1649 of the Civil Code) coming from a defect of material, design or manufacture affecting the Products delivered and making them unsuitable for the use under the conditions and according to the modalities aimed in the present General Conditions of Sale.
It is recalled that under the compliance guarantee, the Customer :
The Customer shall benefit from these rights provided that the Customer has complied with the recommendations for use and maintenance of the unprocessed Products.
To assert its rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the original packaging with all the elements (accessories, notices, etc.).
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective. In the case of delivery, shipping charges (excluding extra shipping costs) will be refunded on the basis of the invoiced rate and return shipping charges (excluding extra shipping costs) will be refunded upon presentation of receipts.
7.1. Exclusion of warranty
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of abnormal wear and tear of the Product, in case of use in conditions different from those for which the Products were manufactured or in case of force majeure.
It does not apply either in case of deterioration or accident due to shock, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.
The visual characteristics of the raw materials and ultimately of the Products may evolve and thus the Products may in particular encounter one of the following situations, without the Seller's guarantee being engaged:
- the appearance of mould stains if the Products are left in a closed and non-ventilated place with a high level of humidity;
- a change in color or the appearance of cracks and fissures depending on the climatic conditions to which the Products are subjected (e.g. bad weather, humidity, dryness, exposure to UV rays);
- swelling and enlargement of cracks of ± 2,5% of the Products if they are exposed to water or moisture, dryness or frost;
- the appearance of mold and if the Products are left in an enclosed, unventilated area with high humidity;
- the separation of minor wood particles that may create splinters.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 8 - Return - Right of withdrawal
In accordance with article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal of 14 days from the date of receipt of the Products to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Vendor of the Customer's decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal may be exercised by email to the following address: email@example.com and for this purpose, the Customer may use the withdrawal form available in Appendix II of these General Terms and Conditions of Sale, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The refund shall be made, by the same means of payment as the one used for the payment of the order, unless otherwise agreed between the Parties, within 14 days from the notification to the Seller of the withdrawal decision.
However, in accordance with Article L. 221-28 of the French Consumer Code, in the case of distance selling, the right of withdrawal may not be exercised for contracts for the supply of custom-made Products, made to the consumer's specifications or clearly personalized.
The right of withdrawal therefore applies only to standard Products.
ARTICLE 9 - Intellectual property
The brand, the logo, and the graphic charter of the website of the Seller are registered trademarks at the INPI and works of the mind protected under the copyright, whose property is exclusively the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
The Seller shall remain the exclusive owner of all intellectual property rights on the Products, photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) with a view to supplying the Products to the Customer.
The Customer shall therefore refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, etc., even partially, whether in the form of a photo, logo, visual or text, without the express, written and prior authorization of the Seller, which may be conditional upon a financial consideration.
ARTICLE 10 - Protection of personal data
The Vendor undertakes not to disclose to any other company the personal data collected during the registration of its buyers. The only purpose of the personal data collected is to allow the realization and management of the order and delivery, and also the administrative and commercial management of the customer relationship (e.g. commercial prospecting, commercial operations, settlement of unpaid invoices).
In accordance with the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulation, the Customer has a right to access, rectify, portability and deletion of his personal data. The Buyer may also object to the processing of his personal data. If the Buyer wishes to exercise this right, he can write to BONDUES (59910) 40 Avenue du Professeur Paul Langevin or send an email at the following address : firstname.lastname@example.org, indicating his/her name, first name, address, email and, if possible, the buyer's reference in order to speed up the processing of his/her request.
The Customer can at any time access and change the information concerning him/her in the customer area under the tab "my account".
The personal data collected from the Customers are subject to computer processing by OAKAME. They are recorded in its buyer file and are essential to the processing of the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.
The data controller is the Vendor. Access to personal data will be strictly limited to the employees of the data controller, who are authorized to process them by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the authorization of the Customer being necessary.
Apart from the cases set out above, the Vendor shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason.
ARTICLE 11- Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, in particular, and not exclusively, in the event of a shortage of raw materials for the Supplier, within the meaning of Article 1218 of the Civil Code.
The Party observing the event shall without delay inform the other Party of its inability to perform its obligations and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give entitlement to the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract shall be, by right, purely and simply terminated.
ARTICLE 12 – Applicable law
By express agreement between the parties, these General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law, unless the mandatory provisions of the law of the country where the Customer has his usual residence are more favorable if the latter is located on the territory of the European Union.
The present General Conditions of Sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed binding in the event of a dispute.
ARTICLE 13 - Disputes
In case of litigation relating to the interpretation and execution of the General Terms and Conditions, the Customer shall first contact the Seller to find an amicable settlement within 30 days. To this end, the Vendor provides a service for Customers that can be reached by e-mail at the following address: email@example.com
In the absence of amicable agreement and in accordance with Article L. 612-1 of the Consumer Code, the Customer may have recourse free of charge to the mediation service CNPM to which the Seller is affiliated:
electronically : https://cnpm-mediation-consommation.eu or;
by mail: CNPM – Médiation – Consommation - 27 Avenue de la Libération 42400 Saint-Chamond
who will attempt to reach a solution between the Parties.
If the Customer is based in the European Union, he may also file a claim on the online dispute resolution platform set up by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
In the absence of amicable resolution, all disputes arising from the interpretation or execution of these Terms and Conditions of Sale will be under the exclusive jurisdiction of the competent courts under the conditions of common law.
ANNEX 1 - COMPLIANCE GUARANTEE – LATENT DEFECT LEGAL GUARANTEE
Article L217-4 of the Consumer Code
The Seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To conform to the contract, the property must:
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the purchaser asks the seller, during the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty which remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would have given only a lesser price for it if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II - WITHDRAWAL FORM FOR DISTANCE PURCHASES
The Company OAK ME, SAS, with a capital of 10 000 euros, whose head office is located in BONDUES (59910) 40 Avenue du Professeur Paul Langevin, registered in the Trade and Companies Register of LILLE MÉTROPOLE under the number 89 168 198 300 013 represented by Mr Christopher CHEVREUIL and Mr Hugo GAVEAU.
To the attention of the company OAKAME SAS whose head office is located in BONDUES (59910) 40 Avenue du Professeur Paul Langevin [email address of firstname.lastname@example.org]:
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if notifying this form on paper):
(*) Delete as appropriate.