General Terms of Sale (GTS)
SIRET: 491 041 273 00021
3 rue du Pont de Lodi
Article 1: Object and application
Any order of products implies the unconditional acceptance by the Customer and its full and whole approval of the present general terms of sale which prevail over any other document, except express and preliminary exceptional agreement of our company. Any other document which the present general terms of sale in particular the catalogs, the leaflets, the advertisements, the notes, have only an informative and indicative, non-contractual value. The images illustrating products do not enter the contractual field. Any order will be exclusively governed by these general terms of sale. By order, it is necessary to understand any order concerning our products and accepted by our company.
The sale is considered complete when the Customer confirms the present terms of sale during his order. No particular condition can, except formal and written agreement of the company L’ORINA, prevail against these GTS. Any opposed condition made by the customer will thus be, for lack of agreement, non-invocable acceptance to the company L’ORINA, whatever is the moment when it will have brought to his/her knowledge. The prices of our products are TTC (Inclusive of all taxes). All the orders are payable in Euros. Any question relative to the present general terms of sale as well as to the sales which they govern, which would not be treated by the present contractual conditions, will be governed by the French law exclusively, and in supplementary title, by the convention of Vienna on the international sale of the goods. The offer is valid while stocks last. Considering the fact that all of our products are entirely hand made the company L’ORINA will not be held responsible for the slight differences of color and of dimensions of certain products.
Article 2: Orders
The company L’ORINA is bound only by the commitments appearing expressly in its offer and taken by its representatives or employees subject to a written and signed confirmation. Any order sent by the customer is irrevocable. Any modification or cancelling of order asked by the customer can be taken in consideration only if received in writing using a registered letter before the expedition of products. Any product return is subjected to prior authorization of the company L’ORINA.
Article 3: Price
Products are supplied at current prices valid at the time of the signing the order. The prices indicated in all the proposals are expressed in euros (€). Any tax or other services to be paid in application of French regulations, or those of an importing or transit country, are chargeable to the customer.
Article 4: Delivery arrangements
Products shall be delivered at the address indicated by the buyer on the order form.
The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform the company L’ORINA by e-mail within 48 hours after delivery of any defects noticed.
The customer will be informed by e-mail that his order is to be sent. In case of delay of delivery of more than seven days compared to the date that we indicated in the e-mail, the buyer should make inquiries with the customs services of his country post office to check whether his parcel is on standby, if not he should send a e-mail to our services.
We will then contact the Post office to start an investigation. Investigations can last up to 21 days. If the parcel is found, it will be immediately redirected to your address.
If the parcel is not found at the end of the 21 days of investigation, the Post office considers the parcel as lost. It is only at the end of this time that we can ship to the buyer a product of replacement, to our expenses. If the ordered products were not available any more at this time, we would entirely refund its cost.
Article 5: Delivery problems due to carrier
Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product) should imperatively be mentioned on the delivery slip in the form of written reserves signed by the client.
In case of shipping by ordinary mail, if the parcel is delivered open or damaged (in particular when the yellow Scotch tape " La Poste" is present) it is essential that a Post Office agent testifies this "report on spoliation" (report n° 170) so that company L’ORINA can start an investigation and the reimbursement procedures
Article 6: Satisfied or reimbursed
For sales to private customers, in application of the article L121-16 of the Consumption Code the customer has the possibility of returning to his expenses the goods, within 14 days from the delivery to exchange it or to get the refund. If the sale concerns a professional, this article is not applicable ( L121-16) and there is no retraction period.
Article 7: Returns of merchandise
No return of merchandise will be accepted without the express and preliminary agreement of the company L’ORINA. The expenses of return are always chargeable to the customer except a beforehand agreement of the company L’ORINA. The prices considered for the credit note will be the ones appearing on the invoice. These prices will be reduced by possible depreciations according to the condition of the returned products.
Article 8: Clause of property reserve
The goods delivered remain the property of the company L’ORINA up to complete payment of its price by the buyer. En case of nonpayment for the goods delivered, the L’ORINA company can, without advance notice, demand the return of the goods having been the object of the present clause of property reserve. The goods being the object of the present web site, catalogs, commercial brochures, remain the property of the seller in any location they are, including the own stores, the warehouses, home of the buyer, until the complete payment of invoices owed by the buyer to L’ORINA company. This property reserve will be applied by rights in case of receivership, of judicial liquidation or of protection according to the article 642-16 of the Commercial law. In case of claiming of the goods for nonpayment by third or total, the goods in stock are considered for corresponding to unpaid debts.
Article 9: Invoicing and payment
The L’ORINA company reserves the right to invoice the customer for any order paid in advance by credit card, PayPal, bank transfer or check of the amount of the order, as well as of the amount of the transport costs. No discount will be granted for any advance payment.
Article 10: Responsibilities
The L’ORINA company will assume no responsibility for any damage such as damage to property, physical, third party claim, loss of income. In case of pronouncement of a condemnation, for any reason, the amounts chargeable to the company L’ORINA cannot be superior to the value of the goods delivered.
Article 11: Force majeure
The L’ORINA company will be cleared of any contractual obligation to make or to deliver, without payment of compensations of no kind in case of force majeure resulting from facts expressed below without this list being exhaustive: strike at the suppliers or the transport company, civil war in France or abroad, terrorist acts, total or partial destruction for any reason of premises or installations, governmental or customs officer decisions with fiscal character, or impossibility to be supplied, or in a general way, any fortuitous event of human or natural origin preventing or reducing the possibilities of execution of the services or the contractual obligations of the company L’ORINA.
Article 12: Intellectual property
Photos and reproduced texts and illustrating the presented products are not contractual. As a consequence, the responsibility of the company L’ORINA could not be committed in case of error in one of these photos. All the elements of the websites of L’ORINA company would they be visual or sound, including the underlying technology, are copyrighted, brands or patents. They are the exclusive property of the company L’ORINA (in agreement with articles L-111-1 and L113-1 of the Code of the intellectual property). Any reproduction or non-authorized representation will be the object of pursuits. Any mention or use of brands, trade names, initials or logos belonging or deposited by the company L’ORINA, or by the companies represented by it, on whatever support, and whatever the use and the destination, must be submitted to preliminary and written agreement of the company L’ORINA
Article 13: Choice of jurisdiction
Any contesting relative to the interpretation or the execution of the present GTS and their continuation will be of the jurisdiction of the Tribunal de Commerce de Paris, even in case of plurality of defendants, the appeals in guarantor or incidental requests.