Legal Notices

Preamble
These general terms and conditions apply to all sales made on the Oshun website. The customer declares having read and accepted these terms prior to placing their order. Order confirmation constitutes acceptance of these terms.

Article 1 – Principles
These general terms represent the entire obligations of both parties. The customer is deemed to accept them unreservedly. They exclude any other conditions, including those for in-store or other distribution channels. They are accessible on the Oshun website and may be updated as necessary.

Article 2 – Scope
These terms define the rights and obligations of parties concerning online sales on the Oshun website and apply to worldwide purchases.

Article 3 – Precontractual Information
The customer acknowledges receiving the general terms and other information listed under French consumer law (Article L.221-5), including product details, pricing, delivery costs, expected delivery dates, seller identity, contact details, and legal guarantees.

Article 4 – Ordering
Customers can place orders online via the catalog and associated form. If a product is unavailable, the customer will be notified. Orders are validated after accepting the general terms, selecting a delivery address and payment method. Orders are final upon seller confirmation and payment.

Article 5 – Electronic Signature
Providing credit card details online and confirming the order validates the customer’s agreement to the payment terms and all related transactions.

Article 6 – Confirmation of Order
The seller will send an order confirmation to the customer via email.

Article 7 – Proof of Transaction
The seller will rely on digital records stored securely as evidence of transactions. Orders and invoices are stored on durable formats that can be presented as proof if necessary.

Article 8 – Product Information
Products sold are as listed on the website and are subject to stock availability. Descriptions are accurate but may contain errors or omissions; the seller cannot be held liable for such inaccuracies. Product photos are for reference only and are not contractual.

Article 9 – Price

The seller reserves the right to change prices at any time but commits to applying the prices in effect at the time of order, provided the stock is available. Prices are in euros and exclude delivery costs, which are charged separately before order validation. Prices include VAT at the applicable rate; any changes to VAT rates will automatically affect product prices. New taxes (including environmental contributions) may be added to the sale price if introduced or adjusted.

Article 10 – Payment Methods

Payment is mandatory with any order. The buyer can use any payment method listed on the seller’s website. The buyer guarantees that they have the necessary authorization to use their chosen payment method. The seller reserves the right to suspend order processing or delivery if payment is refused.

The payment is required in full at the time of order. A deposit of 100% may be required when placing the order. Refunds will not be possible if the buyer cancels the order less than one day before the delivery date, unless due to force majeure.

Article 11 – Product Availability – Refunds – Termination

Delivery times are subject to stock availability, except during periods of force majeure or store closures. Delivery deadlines:

  • France: 10–20 days from the order date.
  • DOM-TOM: 2–10 days from the order date.
  • Other regions: timelines are determined on a case-by-case basis but no later than 30 business days post-order.

If delays occur, the buyer must give the seller a reasonable additional deadline to fulfill the order. Failure to fulfill the contract within this period allows the buyer to terminate the contract. Upon termination, the seller must refund the buyer in full within 14 days. If products are unavailable, the buyer will be informed and may choose either a refund or product exchange.

Article 12 – Delivery Terms

Delivery involves the transfer of ownership to the buyer at the address indicated in the order. If delivery fails due to an incorrect address, the buyer will bear the costs of reshipping. If a product arrives damaged, the buyer must refuse it and note the damages on the delivery slip.

Any discrepancies in delivery must be reported by registered letter or another durable medium within two business days of receipt. If products are returned, they must be in their original condition. Returns must be requested within 14 days of delivery, and return costs are the responsibility of the buyer.

Article 13 – Delivery Errors

Buyers must report delivery errors (or non-conformity of goods) on the same day of delivery or the next business day via email. Claims made after this period will be rejected.

If a claim is accepted, the seller will assign a return number for the product(s). The return must be made using the original packaging via Colissimo Recommended at the provided address, and return costs will be charged to the buyer.

Article 14 – Product Warranty

14.1 Legal Warranty of Conformity

The seller ensures the product conforms to the contract, allowing the buyer to make a claim under the legal warranty of conformity as specified in articles L.217-4 and subsequent provisions of the French Consumer Code.

If the warranty is enacted:

  • The buyer has two years from delivery to act.
  • The buyer can choose repair or replacement of the product, subject to cost considerations outlined in article L.217-17 of the Consumer Code.
  • No proof of non-conformity is required within 24 months for new goods (or 6 months for second-hand goods) after delivery.

14.2 Legal Warranty for Hidden Defects

In accordance with articles 1641 and subsequent articles of the French Civil Code, the seller is liable for hidden defects impairing the product.

The buyer must prove that the defects existed at the time of sale and render the product unfit for its intended use.

This claim must be made within two years from discovery. The buyer can choose between cancellation of the sale or a price reduction per article 1644 of the Civil Code.

Consumer Code

  • Article L.217-4: The seller delivers a product conforming to the contract and is responsible for defects at delivery or arising from packaging, assembly, or installation if it was the seller’s responsibility.
  • Article L.217-5: A product conforms if it is suitable for its expected use, corresponds to its description, or meets agreed-upon characteristics for special use.
  • Article L.217-6: A seller is not liable for public statements made by the producer unless proven they knew or could reasonably have known about them.
  • Article L.217-7: Defects that appear within 24 months are presumed to exist at delivery, unless proven otherwise. For second-hand goods, this is 6 months.
  • Article L.217-8: The buyer can only contest defects if they were unaware at the time of purchase, except if they resulted from materials they provided.
  • Article L.217-9: If defects exist, the buyer can choose repair or replacement. The seller can refuse if it incurs excessive costs but must attempt the alternative option.
  • Article L.217-10: If repair/replacement fails, the buyer can return the product for a refund or retain it with a partial refund, with exceptions for minor defects.
  • Article L.217-11: Repairs or replacements must incur no extra cost to the buyer.
  • Article L.217-12: Legal claims for defects must be made within two years from delivery.
  • Article L.217-13: This does not prevent buyers from exercising other legal remedies.
  • Article L.217-14: Recourse can be exercised by final sellers against intermediate sellers or producers.
  • Article L.217-15: Commercial warranties include refund, replacement, or service commitments. These warranties must be documented, detailing their terms and compliance with legal obligations.
  • Article L.217-16: During a warranty claim, periods of repair-related unavailability extend the warranty by seven days.

Civil Code

  • Article 1641: Sellers are liable for hidden defects that impair the product’s intended use or substantially decrease its value.
  • Article 1648: Claims for hidden defects must be made within two years from discovery.

 

06/11/24