Terms & Conditions of Sale & Use (the “T&Cs”)
1. About Us
OAKÂME Limited, a company with share capital of 10,000 euros, whose registered office is located at 40 Avenue du Professeur Paul Langevin, BONDUES, 59910, registered at the LILLE METROPOLE Companies Registry under company number 89 168 198 300 013, represented by Mr Christopher Chevreuil and Mr Hugo Gaveau (the “Company”). The Company sells the following products to its Customers through its Website: Wooden furniture.
Users should read these Terms & Conditions of Sale & Use (the “T&Cs”) carefully. Placing an Order implies acceptance of the T&Cs. The Products features are described on the Website. The Customer is responsible for taking them into account before purchase. Any photos or images on the Website are non-contractual.
The Customer acknowledges having read and accepted these T&Cs by ticking the box provided before placing an Order online.
The T&Cs govern the conditions under which the Company sells its Products to its Professional and Consumer Customers on its Website.
They apply to all sales concluded by the Company and prevail over any contradictory documents, in particular the Customer’s purchase conditions.
The T&Cs shall be provided to the Customer upon demand.
In case of subsequent modification of the T&Cs, the Customer shall be subject to the version in force at the time of their Order.
“Customer” means any Professional or Consumer who has placed an Order;
“Order” means any order placed by a User registered on this Website:
“Terms & Conditions of Sale & Use” or “T&Cs” means these terms and conditions of online sale and use;
“Consumer” means an individual natural person who is not acting for professional requirements and/or outside their professional activity;
“Products” means the material objects that can be appropriated and are offered for sale on this Website;
“Professional” means a legal or natural person who is acting in a professional capacity;
“Website” means this Website, www.oakame.com; “Company” means Oakâme, the company described in Article 1 of these T&Cs;
“User” means any person using the Website.
Orders may only be placed when a tacit agreement has been exchanged by email and the quote has been accepted by the Customer.
Once an Order has been placed, the User will receive an invoice by email as confirmation. This confirmation will summarise the Order and the relevant delivery information. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
An Order shall be validated when a first deposit of 50% of the total amount including VAT is paid into Oakâme’s business account.
The Company may give the Customer price reductions, discounts and rebates depending on the number of Products available and how frequent Orders are, according to conditions set by the Company.
5. Products and Price
Products that are subject to the T&Cs are those communicated to the Customer via a quote and which are sold and dispatched directly by the Company.
The Products are described on the corresponding page on the Website where there key features are set out. Sales are made within the limits of the Company’s available stock. The Company shall not be held liable for any stock shortages or being unable to sell a Product for which there is no stock.
When a User wishes to acquire a Product sold by the Company on the Website, the price indicated on the Product quote corresponds to the price in euros, including VAT, excluding shipping costs and taking into account the applicable discounts in force on the date of Order. The price indicated does not include delivery costs which will be detailed where applicable in the summary before placing the Order. If the total Product cost cannot be calculated in advance, the Company shall send the Customer a quote setting out the formula for calculating the price.
Under no circumstances may a User demand the application of a discount no longer in force on the date of the Order.
6. Payment Terms
Unless otherwise agreed, all sales must be paid at 50% of the total including VAT when the Order is made and the remaining 50% of the total including VAT before shipping and delivery.
Depending on the nature or the amount of the Order, the Company may require a deposit or payment of the full price when the Order is placed or upon receipt of the invoice.
Payment made be made by: Bank transfer, cash or cheque.
If payment is not made in full or in part for the Products on the date set out on the Invoice, the Professional Customer must pay the Company a late payment penalty at the rate applied by the Central European Bank rate for its refinancing operations increased by 10 percentage points. The applicable financing operation is the most recent on the Order date.
<> In addition to the late payment penalty, any sum, including the deposit, not paid on the due day by a Professional Customer, shall automatically shall give rise to a lump-sum indemnity of €40 for recovery costs.
If payment is not made in full or in part for the Products on the date set out on the Invoice, the Consumer Customer must pay the Company a late payment penalty at the rate equal to the legal interest rate.
No compensation may be made by the Customer between late payment penalties for the supply of Products ordered and sums due from the Customer to the Company for the purchase of Products offered on the Website.
The penalty due from the Professional or Consumer Customer is calculated based on the total amount remaining, including VAT, starting from the payment date with no prior notice required.
Products are delivered exclusively to the following geographical areas: Mainland France, Corsica, French Overseas departments, Continental Europe, South America, Africa, Asia and Oceania.
The Company undertakes to provide all human and material efforts to deliver the Products as soon as possible. This may vary according to the Customer’s geographical location, the delivery method chosen and the Product ordered.
If the 2 month delivery date is exceeded, or in case of force majeure, the Customer may request termination of the contract by registered letter with acknowledgement of receipt, having asked the Company to make the delivery under the same conditions, within a reasonable additional period, and the Company has not done so.
In this case, the Customer shall be refunded within 30 days if a payment has already been made.
If delivery will be impossible due to an error in the address provided by the Customer, the Company shall contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Customer.
Furthermore, the Company shall not be liable for delayed delivery times: during periods of high demand, such as the end of year holidays, for delays caused by force majeure, i.e. due to an unforeseeable, unavoidable event beyond its control, and for reasons exclusively attributable to the delivery carrier.
Delivery shall be made in depending on the Customer’s choice and in accordance with the prices indicated on the quote or the invoice to the address indicated by the Customer when placing the Order by regular post. to one of our collection points communicated to the Customer. A valid form of identity is required to collect the Products otherwise the Products ordered cannot be released to the Customer.
For all Orders accepted following full payment of the invoice, the Customer has a right to complain within 7 days of Product delivery. It is the Customer’s responsibility to check the Products’ condition at the time of delivery. In the absence of reservations made during delivery, the Products shall be deemed to conform with the Order.
To exercise the right of complaint, the Customer must send the Company a declaration to the address firstname.lastname@example.org setting out its reservations and complaints, accompanied by relevant supporting evidence (receipt slip countersigned by the carrier, photographs, etc).
A complaint that does not comply with these conditions cannot be accepted. The Company shall repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to it being materially possible to repair the Product or its availability in stock.
9. Transfer of risk and title
The Company retains title to the Products sold until full payment has been made by the Customer. The Company can therefore repossess the Products in the event of non-payment. In this case, the deposits paid shall remain with the Company as compensation.
For Professional Customers, risk shall be transferred to the Customer when the goods are released to the carrier by the Company. For Consumer Customers, risk shall be transferred on delivery or on collection of the goods from the shop when the Customer has chosen in-store delivery.
10. Statutory Warranties
Products sold by Oakâme are guaranteed in accordance with the provisions of the French Consumer Code and the French Civil Code which are set out below:
Article L.217-4 of the French Consumer Code:
“The Seller is required to deliver goods that comply with the contract and is liable for any conformity defects that exist at the time of delivery.
The Seller is also liable for any conformity defects resulting from packaging, assembly instructions or assembly when these come under the contract or is carried out under its responsibility. ”
Article L.217-5 of the French Consumer Code:
“To comply with the contract, the goods must:
be fit for the usual purpose for the use usually expected of a similar good, and where appropriate: correspond to the description given by the Seller and possess the qualities presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect with regard to public statements made by the Seller, by the manufacturer or its representative, in particular in advertising material or labelling;
/p> Or present the characteristics defined by common agreement between the parties or be suitable for a special use sought by the buyer, brought to the knowledge of the Seller and accepted by the latter”
Article 1641 of the French Civil Code:
"The seller is bound to a warranty for latent defects of a sold item which renders it unfit for the use for which it was intended, or which so impairs such use that the buyer would not have bought it or would have given a lesser price for it had he known of them.”
Any Product resold altered, modified or transformed is not covered by this warranty.
The guarantee is limited to the replacement or refund of non-compliant or defective Products. It is excluded in the event of Product misuse or abnormal Product use and if the Product does not comply with the legislation of the country where it is delivered. The Customer must inform the Company of the existence of any defects within 7 days. The Company shall rectify the defective Products where possible. If the Company is held liable, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The Company reserves the right to modify the Website, the T&Cs and any delivery procedure or other part of the Company’s services provided through this Website. When an Order is placed, the User is subject to the provisions set out in the T&Cs in force at the Order date.
12. Personal Data Processing
Sending a contact request through the Website requires the processing of the Customer’s personal data. If the Customer refuses the processing of their data, they are requested to refrain from using the Website.
Data processing is carried out in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has, at any time, a right to query, access, rectify, and oppose all of his personal data by writing with proof of identity to: email@example.com.
The personal data is necessary to process Orders, prepare invoices and improve Website functionality.
13. Data Sharing
The Website may use third party companies to perform certain operations. By browsing on the Website, the Customer accepts that third party companies may have access to their data to enable the proper Website operation.
The third party companies only have access to data collected in order to carry out a specific task. The Website remains responsible for the processing of this data.
Furthermore, the User may receive information and commercial offers from the Company or its partners.
The User may at any time object to receiving these commercial offers by writing to the Company at the address set out above or by clicking the link provided in the emails received.
In addition, Customer information may be transmitted to third parties without their express prior consent for the following purposes:
- to comply with the law
- to protect any person from serious bodily harm or death, to combat fraud or harm to the Company and its users and to protect the Company’s intellectual property rights.
14. Data protection
The Company shall ensure a level of security appropriate and proportional to the risks involved and their likelihood in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not in any way constitute a guarantee and to not commit the Company to an obligation of result regarding data security.
To enable optimal browsing for Users and better operation of different interfaces and applications, the Company may place a cookie on the User’s computer. This cookie allows it to store information about Website browsing and any data entered by Users (in particular searches, login, email and password).
The User expressly authorises the Company to place a file named “cookie” on the User’s hard drive.
The User may block, modify the storage duration or delete the cookie via their browser. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or Website functions, this malfunction shall in no way constitute harm to the User who shall not be entitle to claim any compensation as a result.
The Company shall not be liable for the temporary or permanent unavailability of the Website, and although it takes all measures necessary to ensure service is permanently available, it may be interrupted at any time. In addition, the Company reserves the right to make the Website unavailable, voluntarily, to carry out any updates, improvements or maintenance.
As previously stated in these T&Cs, the Company shall in no event be liable for late delivery for reasons that are beyond its control, unforeseeable and unavoidable or for which it cannot be held responsible.
17. Intellectual Property
The brand, logo and brand guidelines on the Website are registered with the INPI, the French copyright protection body, and are creative works protected by copyright, which belong exclusively to the Company. Any total or partial diffusion, use or representation without the Company’s express authorisation will expose the offender to civil and criminal proceedings.
19. Acceptance of T&Cs
The Customer or User expressly accept these T&Cs.
The Customer declares that they are aware of them and waives the right to rely on any other document, in particular their own general purchase conditions.
The Consumer acknowledges that they are aware of the provisions and information under articles L.111-1 to L111-7 of the French Consumer Code, in particular:
- the Products’ key characteristics
- the Products’ prices
- the date and time by which the Company undertakes to provide the Service
- information about the Company’s identity (postal address, telephone number, email); information about legal and contractual guarantees and how to use them; the option of referring to conventional mediation in case of dispute; information about the right of withdrawal (deadlines, how to exercise the right)