PREAMBULE/ SELLER'S IDENTITY/ ACCESS TO PROFESSIONAL AND BUSINESS RULES (IF APPLICABLE)
The preamble recalls the purpose of the general conditions of sale. It also reminds us, if necessary, that certain products on sale on the site are subject to special conditions of sale. The preamble also makes it possible to know the professional and commercial rules to which the salesman intends to be subjected if necessary.
These conditions include the following information :
- The means of reproduction and archiving of these conditions
- The legal mentions of the site O-Madison™
- The general conditions of use of the site O-Madison™
- The essential characteristics of the goods offered
- The different steps to follow for the conclusion of the online contract
- Technical means for identifying and correcting data entry errors
- The languages offered
- Methods of archiving and accessing the contract
- The means of consulting the professional and commercial rules to which the seller intends to adhere
- Legal and contractual guarantees
- Delivery times, costs and methods
- Delivery tracking and the costs of remote communication techniques
- The price
- Payment methods and means of security
- Details on how to exercise the right of withdrawal
- Duration of the contract and validity of the price.
Last updated on 2021/09/04
O-Madison™ is a service offered by DEWENG'S LIMITED
Email : email@example.com
To see the legal mentions of the site O-Madison™, click here
To see the general conditions of use of the site O-Madison™ click here
It is specified beforehand that the present conditions govern exclusively the sales, by the site O-Madison™
The present conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders that you place on this site.
O-Madison™ is not the manufacturer of the goods on sale. The characteristics presented (pictures, descriptions...) are from the information given by the supplier. Nevertheless, O-Madison™ is respectful of quality and current manufacturing standards.
If the product and/or the characteristics do not correspond to the product received by the customer. We invite you to click here to see the site's refund policy O-Madison™
The present general conditions are presented in French.
SECTION 1 - THE DIFFERENT STEPS TO FOLLOW TO CONCLUDE THE CONTRACT ONLINE
Web site : https://omadison.com
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "Add to Cart". At any time while browsing our site, you can validate your order by clicking on "Payment ».
- Validation of the contract
When you click on "Payment", a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your cart by modifying quantities and/or deleting one or more items, or continue by checking the box: "I accept the terms and conditions" and "Secure payment ».
If you don't have to modify the form and if you want to continue your order, you must click on "Continue to shipping method ».
To proceed with your order, you must click on "Continue to payment method" and then "Place my order ».
After payment on our secure server (see ''payment''), an acknowledgment is displayed. It confirms the registration of your order and informs you that a confirmation e-mail will be sent to you as soon as possible.
In case of risk relative to the availability of product, we reserve the right to refuse an order of the same product from a certain quantity (greater than 100).
- Technical means of identification and correction of errors
You have the right to identify and correct any errors made during the input of your data at any time. If you notice an error after the conclusion of the contract, you must contact us (click here to access the ''contact us'‘)
SECTION 2 - THE METHODS OF ARCHIVING AND ACCESSING THE CONTRACT
We will carry out an archiving of the contracts, purchase orders and invoices on a reliable and durable support.
You have the right to access these documents for orders of $120 or more.
SECTION 3 - LEGAL AND CONTRACTUAL GUARANTEES
- Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the good to the contract, as regards hidden defects (available in appendix 1 of the present conditions), we will refund, repair or exchange any product apparently defective, damaged or not corresponding to your order.
We will also reimburse you for the full cost of returning the item(s) upon presentation of proof. (Picture, video, etc.)
In this case, we invite you to read our Refund Policy.
We do our best to satisfy you. We are responsible for the good execution of the present general conditions Nevertheless our responsibility could not be committed because of a fortuitous occurence, of a case of absolute necessity, of the unforeseeable and insurmountable fact of a third party to the contract or because of the nonconformity of the product to a foreign legislation in case of delivery in a country other than French.
SECTION 4 - DELIVERY TIMES, COSTS AND TERMS
- Delivery terms and conditions
We will deliver the products to the address indicated in the order form.
- Terms of delivery
We will deliver no later than the date indicated in your order confirmation message. (17 to 21 working days)
In case of delay in the delivery, we will inform you by e-mail as soon as possible and we will propose you a new date.
In case of unavailability of the ordered product, we will inform you as soon as possible. We will propose you a product of an equivalent quality or price.
- Shipping costs
Shipping costs vary depending on the product.
- The follow-up of the delivery
You can contact us by e-mail for any question related to your delivery (click here to access the ''contact us'‘)
Nevertheless, we remind you that we offer the service: "Order Notification" which gives you real time notifications about the status and progress of your order (On average, 1 notification every 2 days)
SECTION 5 - THE PRICE
The prices of our products are indicated in euros including all taxes.
You must also check the possibilities of import or use of the products you order in the country of destination.
SECTION 6 - PAYMENT METHODS AND MEANS OF SECURITY
We do not collect your payment until it is shipped. You can therefore freely cancel your order until it is handed over to our carrier for shipment. As soon as your order is handed over for shipment, you will receive an email informing you that we will collect your payment.
However, it may happen that the payment is collected at the conclusion of the contract.
- Methods of payment
You have several means of payment to pay your purchases on O-Madison™
- Or by credit cards: Visa, MasterCard, American Express, other credit cards :
The payment is made on the secure bank servers of our partners STRIPE. This implies that no banking information concerning you transits via our site.
The payment by credit card is perfectly secure; your order will be registered and validated as soon as the payment is accepted by the bank you have chosen.
Payments via our site are subject to a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers.
SECTION 7 - SATISFIED OR REIMBURSED: HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
In accordance with the legal provisions, you can exercise your right of withdrawal within 14 days of receiving your product. You do not have to justify your reasons or pay any penalty. With the exception of the costs of return, which remain at your charge, we will reimburse you the totality of the sums paid at the latest in the 30 days which follow your retraction. On our proposal, you will also be able to opt for another method of refund.
In accordance with the legal provisions, the right of withdrawal can not be exercised for products made to order, according to the particular specifications of the consumer or on audio, video or computer software unsealed by the customer.
SECTION 8 - THE DURATION OF THE CONTRACT AND THE VALIDITY OF THE PRICE.
The products remain the sole property of O-Madison™ until full payment is received by PayPal or Stripe.
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
SECTION 9 - APPLICABLE LAW/COMPETENT JURISDICTION
The present conditions are subject to French law.
In case of dispute on the substance or on the form, the French courts will be only competent.
SECTION 10 - CONTACT US/ CUSTOMER SERVICE
If you wish to contact us, our customer service is at your disposal at the following address: firstname.lastname@example.org
SECTION 11 - PERSONAL INFORMATION
We collect your personal information for the management of your orders and the follow-up of our commercial relations.
SECTION 12 - SUPPLIER & OWNER AGREEMENT
a.The supplier and the owner of the online store are each referred to as the "party" or both as the "parties";
The supplier manufactures and supplies various products;
c.The web store owner operates one or more websites that facilitate the search, purchase and payment of various products from various suppliers;
d.The parties wish to establish a drop-shipment cooperation, which is a retail delivery method, in which the web store owner does not keep the goods in stock but transfers the end customer's orders and shipping details directly to the supplier, who then ships the goods directly to the end customer ;
The owner of the online store will act, within the framework of its aforementioned activity, as an intermediary, facilitating the purchase and payment of the supplier's products by the end customers. The supplier will ship these products directly to the buyer. Therefore, the owner of the online store will not receive the products and therefore will not import them, the owner of the online store only informing the supplier of the purchase orders that have been made ;
f.In addition, the webshop owner acts as a representative of the end customers and will therefore be the main contact person for them: The webshop owner will make the payment on behalf of the end customer and will handle the returns of purchased products on behalf of the end customers.
ANNEXE 1 : PROVISIONS OF THE CONSUMER CODE CONCERNING THE LEGAL GUARANTEE OF CONFORMITY
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
To comply with the contract, the goods must :
1° Be fit for the purpose ordinarily expected of similar property and, if applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and could not legitimately have known them.
Defects of conformity that appear within six months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to article L. 211-9 cannot be implemented within one month of the buyer's complaint ;
2° Or if this solution can not be without major inconvenience for him given the nature of the property and the use he seeks.
The resolution of the sale can however not be pronounced if the lack of conformity is minor.
The application of the provisions of the articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not prevent the awarding of damages.
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.
The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible property, in accordance with the principles of the Civil Code.
ANNEXE 2 : PROVISIONS OF THE CIVIL CODE CONCERNING THE GUARANTEE AGAINST HIDDEN DEFECTS
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
The seller of a building to be constructed may not be discharged, either before acceptance of the work, or before the expiry of a period of one month after the purchaser has taken possession, from construction defects or defects of conformity which are then apparent.
The contract shall not be rescinded or the price reduced if the seller undertakes to repair.
He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned, as arbitrated by experts.
If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, of all damages towards the buyer.
If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses caused by the sale.
The seller of a building to be constructed is bound, as from the acceptance of the work, of the obligations of which the architects, contractors and other persons bound to the owner by a contract of hiring of work are themselves bound pursuant to articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There shall be no need to cancel the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be bound towards the buyer to the restitution of the price and to the other compensations explained in the two preceding articles.
But the loss that has occurred due to a fortuitous event will be for the buyer's account.
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
It does not take place in the sales made by authority of justice.