Terms of Sales
TERMS OF SALES
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by okouto .com with consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered at the sale by the Seller (“The Products”) on the “ okouto.com ” website . They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers.
Products offered for sale on the website "okouto.com" are the following :
- DESCRIPTION OF PRODUCTS
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website "okouto.com" .
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website "okouto.com" are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
Product offers are valid within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
- okuto "2 rue du coudray"
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website "okouto.com" and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the website. "okouto.com" .
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity, to:
-Okouto "2 rue du coudray"
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the “ okouto.com ” website .
The Products presented on the website “okouto.com ” . are offered for sale for the following territories: “France” .
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.
The modifications of these General Conditions of Sale are opposable to the users of the website. “okouto.com ” from the time they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2 - Orders
It is up to the Customer to select on the website "okouto.com " the Products he wishes to order, according to the following terms:
- Description of the process for placing and validating the order, confirming said order and paying .
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order, by e-mail, and after receipt by the latter of the full price and/or and after receipt by the latter of the entire deposit due.
For orders placed exclusively on the Internet, the registration of an order on the Service Provider's site is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitute proof of the sales contract.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website “okouto.com ” constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website “okouto.com ” .
If orders are limited
The Seller is not intended to sell the Products on the website “okouto.com ” to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than ……. identical items.
If an order can only be honored above a certain amount or quantity:
No order for an amount less than …. euros including VAT or relating to a quantity of products less than ….. cannot be accepted.
Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by e-mail to the Seller. ….. days at least before the scheduled date for shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of …. days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to benefit from a credit note).
If a deposit is paid with the order:
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than …. days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, the deposit paid with the order, as defined in the article “Conditions of payment” of these General Conditions of Sale will be automatically acquired by the Seller and cannot give rise to any reimbursement.
If no deposit has been paid with the order:
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than …. days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, an amount corresponding to …. % of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the damage thus suffered.
SECTION 3 - Prices
The Products are supplied at the current prices listed on the website “okouto.com ” , when the order is registered by the Seller. The prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the website “okouto.com ”.
These rates are firm and non-revisable during their period of validity, as indicated on the website. "okouto.com ” , the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in supplement, under the conditions indicated on the website "okouto.com ” and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the latter. The quotes established by the Seller are valid for a period of 1 month , from their date of establishment.
The order on estimate is considered accepted only after the payment of a deposit of … % of the order amount.
An invoice is established by the Seller and given to the Customer upon receipt of payment.
ARTICLE 4 - Payment Terms
The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms:
- by credit card: Visa, MasterCard, American Express, other credit cards
- by PayPal
- by check, for any order greater than or equal to …. euros including tax.
In the event of payment by bank cheque, this must be issued by a bank domiciled in metropolitan France or Monaco.
The cashing of the check is made upon receipt.
Payment data is exchanged in encrypted mode using the " SSL " protocol.
If payment is only debited when the order is shipped:
In the event of payment by credit card, the debit of the card is only made when the order is dispatched.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
SECTION 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France (and in the following countries: Europe, Canada and the United States (for certain products only ) within a shipping time indicated on the Product sheet or during checkout, to which is added the processing and delivery time to the address indicated by the Customer when ordering on the website “okouto.com ” .
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
However, these deadlines are given for information only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
If deliveries are made by an independent carrier:
Pursuant to the order of March 14, 2016 relating to the legislative part of the consumer code, when the seller takes care of the delivery of the goods sold, the risk of loss or deterioration of this good will only be transferred to the consumer. when the latter takes physical possession of it (Consumer Code art. L 216-4). According to the current rules of common law, the goods travel at the risk and peril of their owner, who is most of the time the customer (C. civ. art. 1196, 1344-2 and 1624; C. com. art. L 132 -7). In terms of contracts concluded at a distance, the Court of Cassation had already ruled that the seller who has entrusted the delivery of goods to a carrier is solely liable towards the customer when the goods have been lost during transport (Cass 1st civ 13-11-2008 n° 07-14.856: RJDA 10/09 n° 838). The solution now applies to all sales made by a consumer. The postponement of the transfer of risk to the date of possession nevertheless includes an exception: the risk will be transferred to the consumer when the goods are handed over to the carrier when the latter has been entrusted with the transport by the consumer and the choice does not has not been proposed by the professional (art. L 216-5).
Deliveries are made by an independent carrier, to the address given by the Customer when ordering and which the carrier can easily access.
When the Customer himself is responsible for using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier, once he has delivered the Products sold to the carrier who accepted them without reservation.
The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a specific 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 will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
If deliveries can also take place in store:
The Seller also offers free delivery to any of its stores, listed ”Link to the list of stores” , for a minimum order amount set at ”……” euros.
The Customer is required to check the condition of the products delivered.
It has a time limit of ….days from delivery to formulate by e-mail , any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all the supporting documents relating thereto (photos in particular).
After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
SECTION 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 7 - Right to retract
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days at the latest following notification to the Seller of the Customer's decision to withdraw (article L221-23).
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online or by simple e-mail, using the withdrawal or contact form available on the website. “www.okouto.com ” , in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 10 days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
SECTION 8 - Seller's liability - Warranty
Products sold on the website "okouto.com ” comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the goods to act against the Seller;
- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum period of 14 days . from the delivery of the Products or the existence of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging , notes, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within ……. days following the finding by the Seller of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
If a contractual guarantee is provided:
Products purchased on the website "okouto.com " may benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and prices appearing in the appendix to these General Conditions of Sale ( Guarantee Agreement).
The contractual guarantees cover ”List of contractual guarantees” except for ”Listing of situations not covered by contractual guarantees” .
Where applicable, the acquired Product also benefits from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty that may be provided in the packaging of the said Product).
SECTION 9 - Computers and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the "okouto.com " website has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website. “okouto.com ” .
SECTION 10 - Intellectual property
The content of the website “okouto.com ” is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to providing the Services to the Customer.
The Customer is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it on financial consideration.
SECTION 11 - Unpredictability
The Parties have agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in circumstances ”Indicate the characteristics of the change in circumstances: for example, financial or economic or material,... ” surrounding the conclusion of a sale transaction of the Seller's products subject to these General Conditions of Sale and resulting in ” For example, to cause an increase in a price increase of “….” euros ” will be fully assumed by the Customer even if these risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other Party.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract was definitive or lasted beyond …..months, the present ones would be purely and simply resolved according to the methods defined in the article “Resolution for Imprévision”.
SECTION 12 - Forced execution in kind
In the event of a breach by one or other of the Parties of its obligations, the Party that is the victim of the default has the right to request the forced execution in kind of the obligations arising from these presents. By way of derogation from the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue this forced execution after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgment of receipt which has remained unsuccessful, whatever whatever the circumstances and even if there were a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of a breach by one or other of the Parties of its obligations, the Party victim of the default may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after the sending of 'a formal notice to perform remained unsuccessful, have the obligation performed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without an authorization legal action is necessary for this purpose, being that the Party victim of the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this execution.
SECTION 13 - Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
This non-performance exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it on the due date and that the consequences of this non-performance are sufficiently serious for the Party victim of the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the preventive non-performance exception until the allegedly defaulting Party performs the obligation for which a future breach is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
If the impediment was final or continued beyond 30 days, these presents would be purely and simply resolved according to the methods defined in the article Resolution for failure of a party to fulfill its obligations.
SECTION 14 - Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present will be purely and simply resolved according to the methods defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
SECTION 15 - Termination of the contract
15-1 - Resolution for unforeseeability
Resolution for the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the Resolution clause for breach of a party's obligations appearing below, only intervene 10 days after the sending of a notice. formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
15-2 - Termination for non-performance of a sufficiently serious obligation
The Party victim of the default may, notwithstanding the Termination clause for breach by a party of its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by letter registered with request for acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, 10 days after the sending of a formal notice to perform remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract as of right, without warning or formality.
15-4 - Resolution for failure of a party to fulfill its obligations
Attention: The termination clause must specify the commitments whose non-performance will lead to the termination of the contract, which should be listed in the termination clause itself (article 1225 of the Civil Code). It can only be implemented after a formal notice, expressly mentioning the resolutory clause, and remained unsuccessful, it being specified that the parties may agree in their contract, that the formal notice would result from the sole fact of non-performance ( article 1344 of the Civil Code).
In the event of non-compliance by either party with the following obligations:
“ For example, non-payment on the due date for services ordered by the Customer ”
referred to in the articles of this contract, it may be resolved at the option of the injured party.
It is expressly understood that this resolution for failure of a party to fulfill its obligations will take place automatically, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.
15-5 - Provisions common to resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its resolution can only find their usefulness by the complete execution of the latter, they will give rise to full restitution.
SECTION 16 - Applicable law - Language
Please note: The contract concluded between a consumer and a professional may be subject to the law of a State that is not a member of the European Union, but this choice must not deprive the consumer of the protection granted by the mandatory rules of Community law transposed into national law when this contract has a close link with the territory of a Member State.
Ordinance of March 14, 2016 No. 2016-301 relating to the legislative part of the Consumer Code establishes an identical presumption of a close link between the contract and a Member State in the following cases, in particular (art. L231-1), this list being non-exhaustive:
the contract was concluded in the Member State of the consumer's usual place of residence; the trader directs his activity towards the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity; the contract was preceded in that Member State by a specially made offer or advertisement and acts performed by the consumer necessary for the conclusion of that contract; the contract was concluded in a Member State where the consumer went following a travel or holiday offer made, directly or indirectly, by the seller to encourage him to conclude this contract. The fact that a trader has turned his activity towards a Member State also makes it possible to determine the competent national court to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000 art. 15, § 1-c). For the application of this text, it has been judged that the mere use of a website by the trader is not sufficient to consider that he is directing his activity towards the Member State of the consumer who makes a purchase through this site (CJUE 7-12-2010 cases 585/08 and 144/09: RJDA 2/11 n° 205). Other clues are necessary, for example the writing of the site in a language other than that of the trader.
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.
These 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 prevail in the event of a dispute.
SECTION 17 - Litigation
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the website “www.sweetydeal.com ” or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
SECTION 18 - Pre-contractual information - Client acceptance
The fact for a natural person (or legal entity), to order on the website "okouto.com" implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to avail himself of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - Provisions relating to legal warranties
Article L217-4 of the Consumer Code:
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
- Be specific to the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known 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.
APPENDIX II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on "okouto.com ” except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of "2 rue du coudray"
- Command of “ ……”
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................ ..........................
Signature of the Customer (only in the event of notification of this form on paper):
APPENDIX III - Guarantee contract