Terms & Conditions
ARTICLE 1: OBJECT
The present Terms and Conditions. govern all use of the services accessible from the site www.oros.design (hereinafter “the Site”), published by SASU OROS registered under the unique number 891 832 503 RCS Marseille, whose establishment is located at 85A rue Commandant Mages 13001 Marseille, France.
The OROS Site allows the Purchaser to order decorative and design articles online (hereinafter “the Product (s)”) in accordance with these general conditions.
OROS will sometimes be a seller of products and sometimes an intermediary between Buyers and Sellers in order to place orders for products. Anyone offering products for sale on the www.oros.design site, including OROS where applicable, is designated as the Seller (hereinafter “the Seller”).
OROS collects the products ordered by the Buyers in the name and on behalf of the Sellers. Only the Seller is the contracting party of the Buyer who has purchased products on OROS.
Any order placed on the Site entails the unconditional acceptance by the Buyer of these conditions. These general conditions may be modified at any time and without notice by OROS, the conditions applicable being those in force on the date of the order by the Purchaser.
ARTICLE 2: PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the OROS Site and the Purchaser has a description for each Product containing the essential characteristics of the Product concerned.
2.2. New Products sold on the Site comply with the standards applicable in France.
2.3. As most of the products are handcrafted, OROS cannot guarantee the Purchaser that the products strictly comply with their representation on the Site.
ARTICLE 3: BUYER'S OBLIGATIONS
3.1. The Buyer declares to be at least 18 years old and to have the legal capacity or to have parental authorization allowing him to place an order on the Site.
3.2. The Purchaser undertakes to communicate to OROS the actual elements of information necessary for the transaction subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and e- valid mail. The Buyer is responsible for the consequences arising from false or inaccurate information transmitted or the recovery of which would be illegal.
3.3. Once the order has been placed, OROS sends the Buyer an e-mail confirming it within 24 hours.
ARTICLE 4: PRICE, AVAILABILITY AND DELIVERY
4.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply), excluding shipping costs, participation in order processing costs, packaging costs and excluding customs costs and other taxes. Customs charges and other taxes must be paid by the Buyer directly to the carrier. Prices are firm, without discount, discount or rebate. These prices can be modified at any time by OROS. The prices displayed are only valid on the day of the order and have no effect for the future. The price applicable to the Purchaser is that in force at the time of the order. Shipping costs, participation in order processing costs and packaging costs will be indicated in the Buyer's basket, before the final validation of the order.
4.2. OROS reserves the right to cancel or refuse an order in the event of a dispute with the Buyer on a previous order.
4.3. The Products are offered for sale within the limits of available stocks. OROS informs the Purchaser of the availability of the Products sold on the Site at the time of confirmation of the order. If, despite the vigilance of OROS, the Products are unavailable, OROS will inform the Buyer by e-mail as soon as possible. The definitive or temporary unavailability can in no way engage the responsibility of OROS and the Seller, nor can it give rise to any right to compensation or damages in favor of the Buyer. In the event of temporary unavailability of a Product, OROS will inform the Buyer of the new deadlines applied by the Seller or supplier of the Product concerned. In the event of permanent unavailability, the Buyer's order will be canceled automatically and will be refunded at the latest within thirty (30) days of payment of the sums he has paid.
4.4. To purchase a Product, the Buyer can click on its graphic representation. This product is added to his shopping basket already containing, if applicable, other items that the Buyer wishes to purchase and previously placed in his shopping basket. The Buyer expressly declares that he has all the necessary authorizations for the use of the payment method when validating his order. He also undertakes to ensure his solvency before any order, failing OROS to be able to proceed with the delivery of the Products ordered. In the event of insolvency, OROS also reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment.
4.5. Deliveries are provided by the services of Colissimo, another national carrier for foreign countries, Delivengo Easy, TNT, UPS or any specialized carrier of oversized products, from Monday to Saturday within 3 to 30 working days for any product in stock - depending on the content of the order and the delivery address, from the full receipt of the price corresponding to the consideration, and unless the Purchaser expressly requests for a later delivery date. Delivery times are 4 to 5 working days from France to France and may vary depending on the nature and availability of the products ordered.
When a product is directly dispatched by a Seller other than OROS, this is specified with an asterisk in the description of the article, with the name and country of the sender.
The products are shipped with the delivery slip, to the delivery address indicated by the Purchaser when ordering. Delivery cannot be made to PO boxes.
In the event of a shipping delay, the order is not canceled. OROS informs the Buyer by email that the delivery will be delayed. In order for these deadlines to be respected, the Purchaser must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, floor, etc.).
OROS and the Seller cannot be held responsible for the consequences due to a delay in delivery if proof is reported that the non-performance or poor performance of the contract is attributable either to the Buyer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
In the event of delivery requiring an appointment with the Buyer, OROS and the Seller cannot be held responsible for a delay or impossibility of delivery due to the repeated unavailability of the Buyer.
In the event of damaged packages (already open, missing products, etc.), the Purchaser undertakes to notify OROS, by all means, with all reservations within 3 days of receipt of the product.
ARTICLE 5: PAYMENT
Payment is secure. Payment will necessarily be made via Paypal or by credit card via the secure Stripe portal. The accepted bank cards are those of the Carte Bleue, Visa, American Express, Mastercard networks.
The transaction is immediately debited from the Buyer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Buyer.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Buyer authorizes the Seller to debit his bank card for the amount corresponding to the all-inclusive price.
To this end, the Purchaser confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the debit of the all-inclusive price would be impossible, the online sale would be immediately terminated automatically and the order would be canceled.
ARTICLE 6: EXCHANGES AND RETURNS OF PRODUCT (S) - RIGHT OF WITHDRAWAL
The Buyer has a period of fourteen (14) clear days from receipt of an item purchased on the Site to exercise the return.
To exercise the right of withdrawal, the Buyer notifies OROS of its decision to withdraw from this contract by means of an email sent to the following address: email@example.com or by mail to OROS - 85A rue Commandant Mages 13001 Marseille FRANCE using the model below as an example and specifying its order number:
For the attention of OROS - 85A rue Commandant Mages - 13001 Marseille, France
I notify you by the presence of my withdrawal from the contract for the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Order number :
Name of the consumer Client:
Address of the consumer Client:
Signature of the Consumer Client (only if this form is notified on paper)
If the return request is validated by OROS, OROS will then send it an explanatory email for the return procedure to OROS or the Seller.
The Product must be returned within one week in its original packaging, in its original condition and accompanied by the delivery slip to the address indicated in the email explaining the return procedure.
The return is made at the risk of the Purchaser according to the initial shipping method. OROS, however, suggests that the Buyer return their products by registered mail or provided with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of this merchandise. For products that cannot be returned by conventional means due to their size, the return will be made according to the initial shipping method. It will be up to the Buyer to keep any proof of return. The return costs are the responsibility of the Buyer, using the same carrier as the Seller.
In the event of an error attributable to OROS or the Seller (defective new item or order preparation error), OROS bears the cost of returning the item. The Purchaser must send the carrier's invoice to OROS to obtain compensation.
If the item is not returned by the Buyer within one week of receipt of the return authorization email, the return is considered canceled and the Buyer must keep the product.
The returned Product will be refunded within a maximum period of fifteen (15) days from its receipt by OROS or the Seller. The refund does not include the cost of return. The amount to be refunded will be credited to the Buyer's bank account via the payment method used when ordering.
If the Purchaser fails to comply with these conditions, in particular the return conditions, OROS cannot reimburse the Products concerned.
Personalized products will not be returned or exchanged.
ARTICLE 7: TRANSFER OF RISKS
Any risk of loss or damage to the products is transferred to the Buyer when the latter or a third party designated by him, and other than the carrier, takes physical possession of these goods.
Consequently, it is the Buyer's responsibility to open the package upon receipt in order to check its condition.
In the event of damage to the goods linked to transport, the Purchaser must imperatively state his observations on the carrier's delivery note.
At the same time, the Buyer must inform OROS by email as soon as possible.
OROS and the Seller then undertake to replace, at its expense and as soon as possible, the product damaged during transport or to reimburse it if replacement is not possible.
ARTICLE 8: GUARANTEES AND LIABILITY
OROS cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with law and case law.
For some products, OROS is only a sales intermediary. Thus, in the event of damage, direct or indirect, which could be caused by these products, it will be necessary to engage the responsibility of the Seller.
ARTICLE 9: FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as force majeure or fortuitous event, the cases usually retained by the jurisprudence of the French courts and tribunals. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the event of force majeure continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party.
ARTICLE 10: GENERAL PROVISIONS
10. 1. Partial invalidity of a clause
If any of the stipulations of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.
10. 2. Updating
These general conditions may be modified at any time and without notice by OROS, the conditions applicable being those in force on the date of the order by the Purchaser.
These general conditions of sale are permanently accessible at the following address: https://oros.design/conditions-generales-de-vente
10. 3. Applicable law - Competent court
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
10. 4. Reproduction of applicable texts
(Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code
The Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Art. L. 211-5. of the Consumer Code
To comply with the contract, the product must:
1. Be fit for 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;
- present the qualities that a Customer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or have the characteristics defined by mutual agreement between 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.
Art. L. 211-12. of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.