ARTICLE 1 - Designation of the Seller
This website www.olahoop-travelposters.com is published by Mr François Beutier, operating under the trade name Olahoop Travel Posters ©, a company whose head office is in Mûrs-Erigné (Maine-et-Loire), 8 chemin de la Barboterie 49610, registered in the Trade and Companies Register of Angers under the Siret number: 51772997600053
Mr. François Beutier is the publication director.
The company email address is email@example.com
The site is hosted by Shopify - 150 Elgin St, Ottawa, ON K2P 1L4, Canada
ARTICLE 2 - General provisions relating to these general conditions of sale (hereinafter GTC)2.1. Purpose of the T&Cs
The T&Cs are applicable exclusively online for all products offered by Olahoop Travel Posters © on the www.olahoop-travelposters.com site, access to which is free and open to all Internet users.2.2. Scope of the T&Cs
The T&Cs exclusively govern the online sales contracts of Olahoop Travel Posters © products (hereinafter professional seller) to buyers having the quality of consumers (hereinafter consumers) and constitute with the online order the contractual documents opposable to the parties. , to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
The T&Cs are exclusively applicable to products delivered to consumers established in France.
The GCS are written as well as all the contractual information mentioned on the site in French.2.3. Availability and opposability of the T&Cs
The GCS are made available to consumers on the seller's website where they can be consulted directly. The GCS are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order. The validation of the order by its confirmation implies acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the Civil Code.2.4. Modification of the T&Cs
Olahoop Travel Posters © reserves the right to modify its T&Cs at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy dated to date of which can be given to the consumer at his request.2.5. Clauses of the T&Cs
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the professional seller does not constitute a waiver on his part of the other clauses of the GCS which continue to produce their effects.
ARTICLE 3 – Products3.1. Features
The products offered for sale presented on the site are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of article L.111-1 of the Consumer Code.3.2. Manual
If necessary, the mode of use of the product, if it is an essential element, is mentioned on the site or at the latest on its delivery.3.3. Compliance
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market. The products comply with the requirements of French law in force at the time of their placing on the market.3.4. Stock availability
The products are offered and delivered within the limits of available stocks. The site only opens to order products available in stock. The validation of the order therefore guarantees the availability of the product in stock.
ARTICLE 4 – Price4.1. Selling price
The selling prices, in accordance with article L.112-1 of the Consumer Code, are indicated, for each of the products appearing on the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation. of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. The sale price of the products does not include the shipping costs invoiced in addition to the price. In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.4.2. Amendment
Olahoop Travel Posters © reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.4.3. Costs
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), of which the customer was able to become aware before the order, are fixed on the order form.
ARTICLE 5 – Offer5.1. Domain
The online sales offers presented on the site are reserved for consumers residing in Metropolitan France and Monaco] and/or in a member country of the European Union, the United Kingdom and for deliveries in these same geographical areas.5.2. Duration
The online sales offers presented on the site are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.5.3. Acceptance
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
ARTICLE 6 – Order6.1. Stages of conclusion of the contract
- To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and method of payment.
- Before clicking on the "Confirm order" button, the consumer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
- Confirmation of the order entails acceptance of the GCS and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any order modification by the consumer after confirmation of his order is subject to acceptance by the professional seller. The professional seller reserves the right to make changes to the ordered product that are linked to technical developments under the conditions provided for in article R.212-4 of the Consumer Code.6.3. Confirmation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
ARTICLE 7 – Contract7.1. Conclusion
The sales contract is formed when the consumer sends the confirmation of his order.7.2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.7.3. Resolution
The order can be canceled by the buyer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:
- delivery of a product that does not conform to the declared characteristics of the product;
- of delivery exceeding the date fixed in the order form or, in the absence of such a date, within thirty days following the conclusion of the contract, after the seller has been ordered, according to the same methods and without result, to carry out delivery within a reasonable additional time;
- price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be canceled by the seller in the event of:
- the buyer's refusal to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid with the order remains with the seller as compensation.
ARTICLE 8 – Payment8.1. Payability
The price is payable in full after confirmation of the order. Excluding the sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article 3.4 hereof, any sum paid in advance of the price produces interest at the legal rate at the expiry of a period of three months from the payment until the delivery of the product, or, failing that, the restitution of the sum paid with the order.
Payment is made directly to the order by credit card or Paypal.8.2. Additional payment
In accordance with article L.121-18 of the Consumer Code, prior to the conclusion of the sales contract, the professional must ensure the express consent of the consumer for any additional payment in addition to the price of the object. principal of the contract.
In the event that the additional payment results from a consent of the consumer given by default, that is to say in the absence of express opposition on his part to paying options that he has not requested, the consumer may claim reimbursement of the sums paid for this additional payment.
If the professional does not comply with these obligations, he is liable to the penalties provided for in article L.131-6 of the Consumer Code.8.3. Payment security
The site is equipped with an online payment security system allowing the consumer to encrypt the transmission of these bank details. To this end, the company Olahoop Travel Posters © works with the company: PAYPAL.8.4. Late payment
Any sum not paid on the due date is productive, without formal notice, of interest at the legal rate.8.5. Default of payment
The seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with acknowledgment of receipt and to keep , as compensation, the deposit paid on the order.
ARTICLE 9 – Delivery9.1. Definition
Delivery means the transfer to the consumer of physical possession or control of the goods.9.2. delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to ship the products within 8 working days after receipt of the order.9.3. Late delivery
When the product ordered is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the consumer may, after having unsuccessfully ordered the seller to perform his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium keeping track of receipt.9.4. Place of delivery
The products are delivered to the home address or to the address of the Mondial Relay partner selected by the customer on the order form.9.5. Delivery terms
The delivery of the product is made through a carrier to the address indicated on the order form. In the absence of the buyer, a notice of availability is sent to him. Within a period of fifteen days from the notice of availability, the buyer must withdraw the product ordered. In the absence of withdrawal within the period indicated, the seller may, after formal notice from the buyer, which has had no effect, reship the product, automatically cancel the order and retain the sale price paid as compensation. .
It is up to the buyer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the seller.9.6. Product compliance
If the product does not conform to the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product and possibly the resolution of the sale, by email (firstname.lastname@example.org) or by post to Olahoop Travel Posters - 8 chemin de la Barboterie 49610 Mûrs-Erigné.9.7. Unavailability of products
In the event of unavailability of the products on delivery, the professional seller may offer, under the conditions provided for in article 3.4 of the GCS, an equivalent product in terms of quality and price.9.8. Failure to deliver
The total failure to deliver entails the automatic resolution of the sales contract.9.9. Delivery and transfer of risk
The risks of loss or damage to the goods are transferred to the consumer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature. The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk and peril of the seller. The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.9.10. Transfer of ownership
From the delivery date indicated in the order form, the ownership of the product is transferred to the buyer, except in the case where the payment of the price has not been collected with the order.
ARTICLE 10 – Legal guarantee of conformity and guarantee against hidden defects10.1. Consumer information
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code (L.211-4 to L.211-14 of the Consumer Code) or the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.10.2. Implementation of the guarantee of conformity
Article L.217-4 of the Consumer Code provides:
“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 L.217-5 of the Consumer Code provides:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L.217-12 of the same code provides:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
In the event that the good presents a lack of conformity, the return costs will be borne by the seller.10.3. Implementation of the warranty against hidden defects
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of 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 article 1644 of the Civil Code. In the event that the good has a hidden defect, the return costs will be borne by the seller.10.4. Law applicable to guarantees
The French law applicable to the contract by virtue of article 16 of the general conditions of sale cannot have the effect of depriving the consumer residing in another Member State of the provisions on the guarantees granted to him by his national law in publication of the directive of the May 25, 1999 concerning the sale and warranties of consumer goods.
ARTICLE 11 – Liability11.1. Disclaimer
The liability of the professional seller cannot be engaged in the event of non-execution or poor execution of the contract, either because of the buyer, or because of the insurmountable and unforeseeable fact of a third party to the contract, or in the event of force majeure. The responsibility of the professional seller cannot be engaged for non-compliance of the product with the legislation of the country of the consumer to whom it belongs to check if the product is not prohibited for sale in his country.11.2. Product safety defect
In the event of damage caused by a lack of product safety, the consumer must seek the liability of the identifiable manufacturer.11.3. Penalty clause
In all cases of non-performance of its obligations by the consumer, the deposit paid with the order remains with the professional seller as compensation.ARTICLE 12 – Termination clause
The resolution of the order in the cases provided for in these GCS will be acquired by simple registered letter with acknowledgment of receipt or by electronic letter and this, automatically without legal formality.
ARTICLE 13 – Right of withdrawal13.1. Conditions, deadline and mode of exercise
If you complete an order, you will have the right to withdraw, without giving any reason, within fourteen days. The withdrawal period expires fourteen days after the day on which you, or the third party you have designated to do so, takes physical possession of the property.
To exercise the right of withdrawal, you must notify us:
- your name, geographic address and, where available, your telephone number and email address.
- as well as your decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form ).
You can use the model withdrawal form (at the end of the page) but it is not mandatory.13.2. Effects
In the event of your withdrawal from the contract, we will refund all payments received from you, excluding delivery costs, without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the possible contract.
We will process the refund using the same payment method you used for the original transaction. With your express agreement, another means can be used. In any event, this reimbursement would not incur any costs for you.
It is recalled that the responsibility of the customer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods.
According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there. In the event of withdrawal by the customer, the latter must return or return the goods to Olahoop Travel Posters © , at 8 chemin de la Barboterie 49610 Mûrs-Erigné without undue delay and, in any event, no later than fourteen days after that the customer will have communicated to the recipient indicated on the withdrawal form his decision to withdraw from the possible contract.
This deadline is deemed to have been met if the customer returns the goods of the order before the expiry of the fourteen-day period. In the event of withdrawal by the customer, the latter must bear the cost of returning the goods.
The seller may defer reimbursement until receipt of the goods covered by the order, or until the customer has provided proof of shipment of this good, the date chosen being that of the first of these facts.13.3. Model withdrawal form
The model withdrawal form is available below, at the bottom of the general conditions of sale.
ARTICLE 14 – Intellectual property14.1. Olahoo Copyright ©
The elements / illustrations reproduced on this site are the exclusive property of the seller Olahoop Travel Posters © and are protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the seller, expose the offenders to legal proceedings.14.2. Rights of third parties
The seller does not carry out any verification of the availability of the intellectual property rights of the texts and images used by the customer for the purpose of personalizing the product to be delivered. This verification is the sole responsibility of the customer, who does so under his own responsibility. The seller declines all responsibility in the event of violation by the customer of a third-party intellectual property right, but will immediately inform the customer concerned of any claim or denunciation that may be brought to him in this respect.
ARTICLE 15 – Processing of personal data
In application of the provisions of Regulation (EU) 2016/679, the seller undertakes under an obligation of means, throughout the retention period of the personal data attached to the co-contractor that he has collected, to ensure an optimal level as to their protection vis-à-vis third parties whose access is not authorized.
Therefore, without prejudice to the provisions of the regulations, the consumer acknowledges being fully informed of the risks, in particular those related to the lack of control over the circulation of personal data via the various communication channels and undertakes not to initiate any recourse under this head against the seller. Failing this, in accordance with Article 82 § 3 of the GDPR, the latter could exonerate itself from its liability by proving that the fact causing the damage is not attributable to it.
In addition, in accordance with the provisions of the regulation, the professional seller guarantees the consumer access to his personal data in all respects identical to the requirements laid down by the Regulation. To this end, the seller informs the contracting party that to date:
The data controller is Mr. François Beutier, who can be reached at one of the following addresses:
Postal address: 8 chemin de la Barboterie – 49610 MURS-ERIGNE
In case of modification of one of these data allowing to contact the person in charge, the Seller will inform the co-contractor without delay. In addition, it is specified that the personal data that the co-contracting party may communicate to the Seller will be kept by the latter throughout their contractual relationship and until the related actions are prescribed according to the limitation periods. provided for by the law governing them. After these deadlines, the personal data collected will be irretrievably deleted and forgotten by the seller.
ARTICLE 16 – Mediation16.1. Prior complaint
According to articles R.221-3 and following of the Consumer Code, in the event of a dispute, you must first contact the company Olahoop Travel Posters © by e-mail (email@example.com), or by post to the following address: 8 chemin de la Barboterie – 49 610 WALLS-ERIGNE
ARTICLE 17 – Competent court
In the absence of an amicable agreement, you can go to court for any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract as well as on all the documents related to this contract. The competent court will be that of the place of residence of the defendant (article 42 of the code of civil procedure) or that of the place of the actual delivery of the thing or the execution of the service (article 46 of the code of civil procedure). .
ARTICLE 18 – Applicable law
This contract and the GCS governing it are subject to French law.
To the attention of Olahoo Travel Posters © , company under the Micro-Enterprise regime, whose registered office is at Mûrs-Erigné (49610) 8 chemin de la Barboterie, registered in the Trade and Companies Register of Angers under number 51772997600053. Email: contact@ olahoop-travelposters.com
I hereby notify you of my withdrawal from the contract relating to the sale of the property below: ….
Name of consumer(s):
Address of consumer(s):
Date: (Only if paper form)
Signature of consumer(s)