GENERAL CONDITIONS OF SALE OF THE WEB SITE WWW.ORNALYS.COM (11/09/12)

1 - COMPANY

In accordance with article 6 of the Law N°2004-575 of June 21, 2004 for confidence in the numerical economy (LCEN), are mentioned with the users of the www.ornalys.com site the identity of the speakers on the realization and the follow-up of this Web site:

Internet site www.ornalys.com is published by company ORNALYS, limited company with variable capital with the authorized capital of 234.050 Euros. The director of the publication is Mr Dominique Gruson, in his capacity as legal representative of the Ornalys company.

Registered office: 17, rue Pastourelle - 75003 Paris – France.
Phone: + 33 (0) 1 42 72 14 11
(9am-5pm Monday to Friday)
Fax: + 33 (0) 1 42 72 99 64
Email: info@ornalys.com

SIRET: N°402 501.357 00022

N° VAT: FR 68402501357

The site is created by company DIZZIWEB, limited company with the capital of 8.000 Euros - RCS Bernay 498 457 712 - VAT: FR498457712 whose registered office is located at 43 route des Petites Auinières 27260 Asnières - Phone: + 33 (0) 2 30 96 11 12 – Web site www.dizziweb.com

2 – PREAMBULE

Internet site www.ornalys.com, hereafter called "the Site", is a site of electronic trade accessible by Internet network, opened with any user of this network, hereafter called "user". The Site offers with the sale products made in France with the users sailing on the site. For the application of these General Conditions of Sale, it is agreed that the user and Ornalys will be collectively called the "parts", the user having validated an order will be called "purchaser" and the member elect of the order will be called "recipient". The rights and obligations of the user necessarily apply to the purchaser and the recipient. Any ordering of a product offered on the Site supposes the consultation and express acceptance of these General Conditions of Sale, without however that this acceptance is conditioned by a handwritten signature on behalf of the user. In accordance with the provisions of articles 1316 to 1316-4 of the Civil code, supplemented by the Decree n° 2001-272 of March 30, 2001, taken for the application of article 1316-4 of the civil code and relating to the electronic signature, it is recalled that the validation of the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature. The purchaser must have the capacity to contract within the meaning of article 1124 of the Civil code, i.e. to be an emancipated minor or to have the legal majority and not to be protected within the meaning of article 425 from the Civil code.

3 – SUBJECT

The present General Conditions of Sale have the aim of defining the rights and obligations of the parts born of the sale of the products offered on the Site. They regulate all the stages necessary to the placing of the order and ensure the follow-up of this order between the parts. They apply to all the modes of placing of orders proposed by the site, that the order was placed by Internet, Email, telephone, fax or postal mail.

The parts are appropriate that their relations will be controlled exclusively by the present General Conditions of Sale, available on the Site to the day of the placing of the order, other than any other document. If a condition had suddenly been lacking, it would be considered to be governed by the uses in force in the sector of the remote sale whose companies have seat in France. It is specified that the user can download or print the present general conditions of sale, in condition however of not modifying them.

4 – AVAILABILITY OF THE PRODUCTS

Ornalys works, according to products', on the basis of stock or order. The indications on the availability of the products are provided on the page of the products that are concerned:

  • - The products available in stock are accompanied by the mention "In stock"
  • - the products available on order are accompanied by the mention "On order"
  • - the products which are not available are accompanied by the mention "Not available"

The availability of a product varying very quickly according to the sales, Ornalys cannot be held for responsible if the real availability of a product is not any more the same as indicated to the user.

5 – CARACTERISTICS OF THE PRODUCTS

Ornalys endeavors as well as possible to show the essential characteristics of the products offered with the sale on the Site and will make its best efforts so that the photographic representation of the products on the Site is most faithful possible to the products themselves. The difference in perception of the forms and the colors between the photographs and the products could not engage the responsibility for Ornalys. The products offered with the sale on the Site are in conformity with the regulation in force in France. The responsibility for Ornalys cannot be committed in the event of non respect of the legislation of the country in which the products are delivered, that it is up to the purchaser to check.

6 – PRICE

The prices are indicated in Euro (€). They take account of possible reductions as well as VAT, applicable to the day of the order. Any change of the applicable rate could be reflected on the price of the products. Ornalys reserves the right to modify its prices constantly, but the products will be invoiced on the basis of tariff in force at the time of the recording of the order except error of typography or omission, and subject to the availability of the aforesaid products. In the case of a deliverable order apart from the European Union, the price net of tax will be specified with the user in his basket if this one informs the destination of the delivery, and during the validation of the order. The prices get along except expenses of delivery.

7 – CUSTOMS DUTIES

The prices do not include the possible customs duties, taxes, royalties or impositions various with the importation of goods had by the purchaser or the recipient with the reception of the order. Ornalys is not held to check them and/or to inform the purchaser of it. To know them, Ornalys recommends to the purchaser to get information near the proper authorities of its department, territory or country.

8 – DELIVERY COSTS

Here our modes of delivery to be chosen during your order.

For the deliveries in FRANCE EXCEPT DOM-TOM:
Colissimo 48H Paris Area/Province 12 € /13 €
Colissimo 48H with insurance 150 €
Paris/Province 15 €/16 €
Chronopost Relay 21 € Chronopost following day 13H 24 €
For the deliveries abroad by FEDEX (delivery the following day before 12 am)
Europe 27 €
USA 35 €
Japan/Australia (delivery two days later) 53 €

The responsibility of Ornalys could not be committed in the case of a delay or of an ascribable fault to the conveyor or in the event of cause beyond control within the meaning of the jurisprudence of the French Courts. In addition, it is specified that the products are conveyed under the responsibility of the purchaser, even when the order is addressed to another recipient. The purchaser is invited to regularly consult the follow-up of order on his space member if he has an account, or to telephone the +33 (0) 1 42 72 91 71 (Monday to Friday 9am-5pm) if he does not have an account.

9 - PAYMENT

You can pay by:

  • - BANK CARD
  • - CREDIT TRANSFER

Your order will be dispatched as soon as our bank receives confirmation of the transaction. Ornalys reserves the right not to accept the ordering of a purchaser with whom would exist litigation, and also to suspend any order or any delivery, whatever their nature and level of execution following a refusal of authorization of payment per bank card of the banking organizations and of insurance, non-payment or partial payment. The responsibility for Ornalys could not be committed in the case for this reason. Payment made safe by bank card: At the end of the confirmation of order, the purchaser is redirected automatically on the waiter of the platform of protected payment of BNP Paribas to carry out the payment there. No moment the banking data of the purchaser forward by the information processing system of Ornalys.

Payment by credit transfer: At the end of the confirmation of order, the purchaser will be able to carry out his payment by transfer thanks to the banking details below:

The purchaser will have to address to Ornalys by fax (+33 (0) 1 42 72 99 64) or by Email (info@ornalys.com) the document in proof of transfer delivered by his bank in the two (2) working days according to the confirmation of order. Beyond this time, the order would be automatically cancelled. In order to facilitate the treatment of the order, Ornalys recommends to the purchaser to print the Email of confirmation of order and to join it to the document in proof, or failing indicating the number of the order on plain paper. The order will be dispatched as soon as Ornalys receives confirmation of the transaction.

10 – PROPERTY TRANSFER

The products remain the property of Ornalys until the perfect payment of the price. In the event of non-payment by the purchaser of whole or part of the price of the order, Ornalys is reserved until the complete payment, a right of ownership on the market products, enabling him to take again possession of the aforesaid products. If necessary, any installment paid by the purchaser will remain sure in Ornalys as contractual compensation, without damage of all other actions which it would have the right to bring against the purchaser.

11 – REGISTRATION OF YOUR ORDER

The user can place his order at Ornalys either via the www.ornalys.com site, or by telephone to the +33 (0) 1 42 72 91 71 (Monday to Friday 9am-5pm), or by fax to + the 33 (0) 1 42 72 99 64, or by email with the address info@ornalys.com or by postal mail while writing with Ornalys - 17, rue Pastourelle - 75003 PARIS. In all the cases, the user ID allowing the recording of the order must contain following information at least:

Dans tous les cas, l'identification de l'utilisateur permettant l'enregistrement de la commande doit contenir au minimum les informations suivantes :

  • •   The user must be identified using his address Email and of its password if he has already an account on the Site, that is to say by mentioning all the information usually requested for an inscription on line if he does not have an account;
  • •   The user must clearly identify the products selected with the references indicated on the site, references including the options of colors, sizes;
  • •   The user must also indicate the quantities requested;
  • •   The user must also clearly indicate information necessary to the delivery. That relates to in particular the precise address of delivery as well as the possible restrictions of accessibility of the place of delivery;
  • •   The user must indicate the mode of delivery selected;
  • •   Lastly, the user must indicate the selected mode of payment.

The responsibility for Ornalys could not be committed in the event of errors made by the user in the wording of the co-ordinates of the recipient of the order (delivery addresses, invoicing addresses in particular) and delays of delivery or impossibility of delivering the ordered products that these errors could generate.

12 – VALIDATION OF YOUR ORDER

After having taken knowledge of the state of its order, and once the whole of required information will have been supplemented by the user, a summary of this information and order will appear in the basket of the user and this last will have to click on "Validating the order" to confirm its order definitively. The user will be able to then regulate his order by bank card or credit transfer. As soon as he validates its payment, the order is recorded and the user becomes purchaser. The purchase order will be recorded on the data-processing registers of Ornalys, themselves preserved on a reliable and durable support, and will be regarded as proof of the contractual relations occurred between the parts.

13 – CONFIRMATION OF YOUR ORDER

An Email is automatically sent to the purchaser in order to confirm the order taking provided the electronic address indicated in the form of order does not comprise an error. This confirmation will comprise the reference number of the order, the description of the products ordered thus that their amount without VAT and VAT included, the detail of the payment and the expenses of delivery and the delivery period. The purchaser will be able to constantly consult the advance of his order directly since his space member if he has an account and to print the whole of the documents relating to it, including the invoice, or to telephone the +33 (0) 1 42 72 91 71 (Monday to Friday 9am-5pm) if he does not have an account

14 – RECEPTION OF YOUR ORDER

If the order is dispatched by Colissimo recommended and that the recipient misses during the delivery, the factor will deposit a transit advice note mentioning the address of the post office and the recipient will be able to withdraw it within ten (10) days. If the order is dispatched by Chronopost or Fedex and that the recipient misses during the delivery, the conveyor will deposit a transit advice note mentioning his telephone number so that the recipient can check for a new delivery.

PARCEL DAMAGES OR PRODUCT NON IN CONFORMITY

Ornalys takes the greatest care during the conditioning of the orders. The dispatched parcels are always impeccable and must be delivered to the recipient in this state. If the recipient notes with the reception of the order that the parcel was opened, damaged or deteriorated at the time of its routing, the recipient must refuse it or issue reserves near the conveyor, then to notify the reserves to the conveyor by letter with acknowledgement of delivery in the three working days according to the delivery of the parcel, a copy having to be addressed to Ornalys. If the delivered order comprises an error or that a product is defective damaged or does not correspond to the ordering of the recipient, this last will have to notify in writing as soon as possible with the customer service Ornalys the reference number of the order, the encountered problem and the product concerned. To contact the customer service Ornalys, the recipient has a page customer service accessible directly since the menu from his space member if he has an account, or of a page of contact if the recipient does not have an account. Subject to the cogency of the request, Ornalys will endeavor all to implement to satisfy the recipient and will proceed, with the choice of the recipient, the exchange or the refunding of the product, the condition which the choice of the recipient does not involve an obviously disproportionate cost in comparison with the value of the good or importance of the defect.

15 – SATISFIED OR MONEY BACK

If the recipient is not entirely satisfied by one or more of the ordered products, it can turn over them in the seven (7) working days according to the reception of the order and ask their exchange or their refunding. The recipient must turn over it new and suitable for the resale, not damaged, or dirtied, accompanied by all possible accessories, in their conditioning and packing of origin, by sending of the Colissimo type recommended by joining a copy of the invoice to it. In addition, the risks related to the routing being with the load of the recipient of the initial order, Ornalys suggests preserving the proof of deposit. It is expressly stipulated that Ornalys will not accept any return of any product having obviously been the subject of a prolonged use exceeding time necessary to the recipient to test it. In all the cases, the recipient must contact as a preliminary in writing the customer service Ornalys which will communicate the procedure to him. To contact the customer service Ornalys, the recipient has a page customer service accessible directly since the menu from his space member if he has an account, or of a page of contact if the recipient does not have an account.

Exchange:

If the recipient wishes to carry out an exchange, he must follow the procedure described here before by specifying the reference of the new product. If the product required in exchange is of a superior rising, the recipient will have to carry out the payment of the difference before forwarding of the new product. The expenses of return are the responsibility of the recipient of the initial order.

Remboursement :

Refunding:

If the recipient wishes a refunding, it must follow the procedure described here before by specifying the detail of the product concerned. An Email of confirmation will be addressed to the recipient as of reception and treatment of its return. Refunding will be carried out by any means of payment within 30 days as from the reception by Ornalys of the request of the recipient to exert his right of retractation, under the reserve that the product was received back by Ornalys. Refunding will be equal to the totality of the sums paid by the recipient, that is to say the price of product concerned and the possible expenses of delivery outward journey, the expenses of return remaining to the load of the recipient of the initial order.

Le remboursement sera effectué par tout moyen de paiement dans le délai de trente jours à compter de la réception par Ornalys de la demande du destinataire d'exercer son droit de rétractation, sous la réserve que le produit ait été restitué à Ornalys.

16 – GUARANTEE

The products offered by the Site are subjected to the legal guarantee envisaged by articles 1641 and following of the Civil code. Very guaranteed is excluded in the event of misuse, negligence or permissive waste on behalf of the recipient, as in the event of fair wear and tear of the good or of cause beyond control within the meaning of the jurisprudence of the French Courts. In the event of delivery of a hidden product revealing vice, Ornalys engages, with the choice of the purchaser, to refund this last of the price of the product as well as possible expenses of delivery or to exchange the product against an identical product or a product of quality and price equivalent according to stocks available. The Purchaser will contact the customer service Ornalys, either starting from the page customer service accessible directly since the menu from his space member if he has an account, or starting from the page of contact if the recipient does not have an account.

17 – RESPONSIBILITY

Ornalys does not have, for all the stages of access to the site, of the process of order, the delivery or the services suggested, that an obligation of means. Ornalys cannot be held responsible for the damage of any nature, as well material as immaterial, which could result from the misuse of the marketed products.

18 – FORCE MAJEURE

Ornalys cannot be held responsible for non-fulfillment total or partial of its obligations under this contract, if this non-fulfillment is caused by an event constitutive of cause beyond control related to irresistible, unforeseeable and external circumstances, in particular in the event of recognized disasters or of bad weather, strike of the logistic people, or any other event likely to disturb the good movement of the goods and data-processing flows.

19 – INTEGRITY OF THE PRESENT GENERAL CONDITIONS OF SALE

Nullity in whole or part of any of the stipulations of these General Conditions of Sale taking into consideration legal or regulatory provision or decision of court become final does not involve the nullity of the other provisions or the part of the provision not sullied with nullity.

20 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE

The present general conditions of sale can be the subject of modifications, taking into account in particular possible normative changes. If necessary, new general conditions of sale will apply as of their date of publication to the Site.

21 – APPLICABLE LAW - COURTS OF JURISDICTION

The present General Conditions of Sale in French language and the contractual relations between the parts are subjected to the French law. In the event of litigation, the parts reserve the possibility, before any action at law, to seek a friendly solution. Failing this, responsibility express is allocate to the French jurisdictions