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GENERAL CONDITIONS CONCERNING ON-LINE SALES
OF ORGANDINO BRAND PRODUCTS
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Article 1. – Introduction ORGANDINO® and its beneficiaries, particularly the company ATENSA®, a limited liability company, registered in the PARIS Trade and Companies Register under 453 186 447, having its registered office at 7 rue Saint Benoît 75006 PARIS, carry on a business of selling and trading in deluxe fashion articles and accessories, particularly head-gear , hats and all clothing supports bearing the ORGANDINO® trademark. They offer Internet sales of the above-mentioned products (hereinafter designated as the "Product(s)". The customer declares that he has familiarised himself with the following provisions before putting in an order for the Products. In choosing to purchase the Products, the customer explicitly and irrevocably accepts the terms set forth below. ORGANDINO® also offers the customer a possibility of ordering the Products by fax, telephone, and/or correspondence. |
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Article 2 - Information concerning the articles and limitations on liability ORGANDINO® cannot be held liable for trifling errors that might occur in connection with putting online the information, descriptions of the articles and the information available on the Site. Similarly, even though the photographs and other reproductions of the articles constitute a faithful representation thereof on the Site, they are only indicative all the same, and have no contractual value. More generally, ORGANDINO® cannot be held liable: - for interruptions or delays recorded on the Site because of the performance of maintenance work, technical breakdowns, a case of force majeure, the doing of third parties, or any circumstances of any nature whatsoever beyond its control;
- for a temporary inability of the customer or of ORGANDINO® to access the Site because of facts beyond its control, such as a computer breakdown, interruption of the Internet network or a failure of the customer's equipment for connecting up with the Internet network.
- for non-execution of the contract concluded in case of inventory shortages or unavailability of the product, or due to disturbances or a total or partial strike, particularly in connection with the postal services and transport systems and/or communications, flood or fire. |
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Article 3. – Customer's capacity - The customer declares that it has the legal capacity for concluding the present contract, the general sales conditions of which are described below, that is, he is of age and is not subject to guardianship or trusteeship. |
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Article 4. - Applicable law French law in effect if applicable to the sale proposed by ORGANDINO®.. |
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Article 5. - Order recording The orders will be received and accepted within the limits of the available stocks, saving specific orders. ORGANDINO® shall be entitled to reject any order placed by a customer over which there is a dispute concerning payment for a prior order or not conforming to the present general sales conditions. To enable the customer to drop his order before definitively validating it, ORGANDINO® has created three validation and acceptance screens. The order will not be definitively recorded until the third and last validation of the order recapitulative screen. This last "click" is treated as the handwritten signature mentioned in article 1341 of the French Civil Code, hereinafter designated as the "acceptance click". As of the time of the "acceptance click" indicated above, the order is considered irrevocable and may no longer be cancelled except in the cases exhaustively listed below. |
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Article 6. - Order confirmation The recording of the order will be confirmed for the customer by e-mail. Nevertheless, the said confirmation e-mail certifies that the customer's order has been taken into account by ORGANDINO®, but does not in any mean that the product ordered is immediately available. It is explicitly agreed between ORGANDINO® and the customer that the e-mails shall be binding between the parties, as well as the automatic recording systems used on the Site, particularly as concerns the nature and the date of the order. However, the customer is advised to keep a copy of the items relative to his order. If the ordered article is available from stock, the shipping time is about 2 to 6 business days for any order placed before 12 o'clock noon, on a business day. The delivery periods do not begin until the date of order payment. If the ordered article is not available from stock, the resupply period is 7 days. In case of inventory shortage, ORGANDINO® will contact the customer within three business days starting with the time of dispatch of the confirmation e-mail, to propose - a fact hereby accepted by the customer - either a new period for receiving the product or a substitute product, or order cancellation. |
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Article 7. — Price, payment and invoicing The prices of the products are indicated in euros including all taxes, but exclude shipping expenses. The shipping expenses, indicated in article 8 of the present sales conditions, are for the customer's account (saving an indication to the contrary or particular conditions). Any change of the VAT rate will automatically apply to the prices of the Product. The Product invoice will be included in the parcel containing the ordered Product. Payment of the purchases made by the customer is to be made by bank card. We accept the cards issued by the CB, Visa, Eurocard, Mastercard and American Express networks. The cards issued by banks domiciled outside France must necessarily be international bankcards. In this connection, the customer warrants that he is making the payment by using a bankcard that he holds personally, that he is fully authorised to use it, and that the said bankcard provides access to sufficient funds for covering all costs resulting from use of the ORGANDINO® services. On-line payment by bankcard benefits from the SSL secure on-line payment system. The customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority. The customer must provide his banking particulars by filling out the payment form online. The transaction is then carried out by the customer in accordance with the banking security standards. By communicating his banking particulars, the customer agrees in advance and unconditionally that ORGANDINO® and its beneficiaries may carry out the secure transaction. Hence the customer authorises his bank in advance to debit his account in the light of the recordings or the statements transmitted by ORGANDINO® and its beneficiaries, even in the absence of invoices signed by the cardholder. The authorisation for debiting the customer's account is always given for the amount of the article or articles purchased, as invoiced by ORGANDINO®. |
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Article 8. — Shipping expenses and delivery times
8.1 Delivery procedures ORGANDINO® delivers its articles by using the services of the CHRONOPOST® services company. Nevertheless, ORGANDINO® reserves the right to change its service providers at any time. The delivery may be made only once the order has been validated by the customer and payment made in full. Hence the bank payment centres that might be involved must have given their payment approval in advance. In case the said centres refuse to do so, the order will automatically be cancelled. |
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8.2.Shipping expenses The ordered Products will be delivered to the address indicated by the customer. ORGANDINO® reserves the right to choose the carrier and guarantees proper routing of the Products. The shipping risks are for the customer's account, as of the time the Product leaves the warehouse. |
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8.3. Delivery time The articles will be delivered, after payment of the amount of the order is recorded, to the delivery address indicated by the customer. Saving cases of force majeure, the delivery times will be the ones indicated below, within the limits of the available stock and without prejudice to any specific order. The delivery times begin on the date of order recording. They are:
- 1 or 2 days for major western cities and the main localities in the DOM (French Overseas Departments),
- 2 to 6 days for the other destinations to which ORGANDINO® makes deliveries. The countries serviced by ORGANDINO® are indicated in the list of available countries at the time of creation of your customer account, and that list may be modified by ORGANDINO® any time. |
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8.4 Place of delivery The delivery is made to the address indicated by the customer at the time of placing his order. The articles may be delivered only to the customer's usual residence or to the delivery address indicated by the customer at the time of the order, it being understood that in any case delivery may not be made to hotels or post office boxes. In this connection the customer undertakes to indicate the exact address of his usual residence at the time of validation of his order. |
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Article 9. — Personal information In application of law n° 78-17 of 6 January 1978 concerning data processing, files and freedoms, the information requested from the customer is required for processing his order and is intended for the ORGANDINO® departments. The customer enjoys a right to access to the information concerning him. Upon request, he may receive it, and in case of an error or of modification, it will be corrected. The customer may also oppose communication of the said information to third parties by sending a letter to ORGANDINO®. |
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Article 10 – Intellectual property The Site remains the sole property of ORGANDINO®, which created and put online the web pages, the images and script sources, and the basic data constituting it. Hence the customer agrees not to distribute or reproduce the Site, in whole or in part, in any form whatsoever. The ORGANDINO® articles and trademarks, and more generally all of the other trademarks, illustrations, images, designs and models and logotypes appearing on the ORGANDINO® articles sold on the Site, their accessories or their packagings, whether registered or not, are and will remain ORGANDINO®'s sole property. Any total or partial reproduction, downloading, modification or use of the said trademarks, illustrations, texts, visual or sound comments, images and logotypes, designs and models, for any reason and in any medium whatsoever, without ORGANDINO®'s explicit, advance and written approval, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logotype. Placing a hypertext link intended for the ORGANDINO® Site by using what is known as the framing or deep linking technique is strictly prohibited. Any total or partial reproduction of the ORGANDINO® catalogue is strictly forbidden. |
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Article 11. — Force majeure ORGANDINO® may not be held liable for any failure to meet its contractual obligations in case of an event of force majeure or an act of God, including but not limited to catastrophes, fires, internal or external strike, internal or external failure or breakdowns, and in a general way in case of any event precluding proper execution of the orders. |
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Article 12. — Identification of the company ATENSA® company is located at 7 rue Saint Benoît in PARIS 75006 and is entered in the PARIS Trade and Companies Register under number 453 186 447. Telephone / Fax : 01 42 61 89 19 Email : organdino.com |
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Article 13. — Integral nature of the agreement The present general conditions and the related headings (security, payment, delivery, guarantee, and after-sale services) represent all of the parties' rights and obligations relating to the Internet orders for products. No general or specific conditions communicated by the customer may constitute a part of the present general sales conditions. |
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Article 14. —Dispute settlement In case of any difficulty relative to interpretation or application of the present sales conditions, the parties shall attempt, to the greatest possible extent, to reach a friendly settlement of their dispute. In case of failure of such attempts, any dispute to which sales conditions may give rise shall have to be taken to the "Tribunal de Commerce, " Tribunal d'Instance" or "Tribunal de Grande Instance" of PARIS, even in case of the existence of several defendants or of third party notice. |
Translator’s note: translation of “têtes” subject to reserve due to incomplete word in the French version.
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