Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Ousman O. / OUSMAN DESIGN e-commerce website
OUSMAN DESIGN - SARL
20 rue Henri IV, 51100 Reims, France
SIREN 850 903 121 - Intra-community VAT FR48850903121
03 26 02 58 07 - contact.ousmano@gmail.com
https://www.ousman-o.com/
ARTICLE 1 - SELLER'S IDENTITY AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all distance sales concluded via the website https://www.ousman-o.com/ between:
OUSMAN DESIGN, SARL, with its registered office at 20 rue Henri IV, 51100 Reims, France, registered under SIREN number 850 903 121, intra-community VAT number FR48850903121, reachable at the e-mail address contact.ousmano@gmail.com and at 03 26 02 58 07, hereinafter referred to as the "Seller",
and any adult individual acting as a consumer or non-professional wishing to purchase one or more products on the Site, hereinafter referred to as the "Client".
These GTC define the respective rights and obligations of the parties within the framework of online sales of products offered on the Site.
The applicable GTC are those in force on the day the order is validated. The Seller reserves the right to modify these GTC at any time; however, modifications do not apply to orders already validated.
The Client declares having read these GTC as well as the Privacy Policy before validating their order. Validation of the order implies full and complete acceptance of these GTC.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION AND PRODUCTS
Before placing any order, the Client can consult, on the Site, the essential characteristics of the products, their price, estimated delivery times, accepted payment methods, and any delivery restrictions.
The products offered for sale are those appearing on the Site on the day of its consultation, within the limits of available stock or announced manufacturing capacities.
Each product is subject to a descriptive sheet presenting, with the greatest care, its essential characteristics, its price and, where applicable, its specific manufacturing or shipping times.
Photographs, visuals, and descriptions are presented for illustrative purposes. Despite the care taken in their presentation, slight differences may exist, particularly concerning colors, textures, finishes, or proportions perceived on screen. These differences do not engage the Seller's liability.
ARTICLE 3 - AVAILABILITY
Product offers are valid as long as they are visible on the Site and within the limits of available stock.
In the event of a product being unavailable after validation of the order, the Client will be informed as soon as possible by e-mail. The Client may then obtain, depending on the case, a refund of the amounts paid for the unavailable product, a credit note or, if offered, a replacement product of equivalent value.
ARTICLE 4 - PRICES
Prices are indicated on the Site in the currency corresponding to the country or delivery zone selected by the Client.
Unless otherwise stated, displayed prices include applicable taxes or, where applicable, specify that they will be added at the time of order depending on the territory concerned. Delivery costs, as well as any applicable duties, taxes, or import fees, are indicated at the latest before final validation of the order.
The Seller reserves the right to modify its prices at any time. However, products are billed based on the rate in effect at the time the order is validated.
ARTICLE 5 - ORDER
The Client selects the product(s) of their choice, adds them to their cart, then follows the steps indicated on the Site to finalize their order.
Before final validation, the Client can check the details of their order, its total price, and correct any errors.
The order is definitively registered only after validation of the cart, express acceptance of these GTC, and confirmation of payment.
An order confirmation is sent to the Client by e-mail, summarizing the essential elements of the purchase.
The Seller reserves the right to refuse or cancel any order for legitimate reasons, particularly in cases of payment default, prior dispute, suspicion of fraud, or abnormal order quantities compared to those usually ordered by an end consumer.
ARTICLE 6 - PAYMENT
The price is payable in full at the time of ordering, using the payment methods offered on the Site or during the ordering process.
Depending on the delivery country and the purchasing process architecture, certain technical, payment, collection, compliance or invoicing services may be provided by a specialized partner, notably Global-e. The information displayed at the time of payment regarding taxes, fees, payment terms and, where applicable, the contracting entity applicable to the territory concerned, shall prevail for the order in question.
The debit occurs according to the payment method used and according to the conditions displayed at the time of the order.
The Seller does not have access to the Client's complete banking data; these are processed via secure payment providers.
ARTICLE 7 - DELIVERY
Products are delivered to the address indicated by the Client during the order. The Client must carefully check the accuracy of the delivery information. The Seller cannot be held responsible for any delivery impossibility resulting from an error, omission or inaccuracy attributable to the Client.
The delivery times indicated on the Site or at the time of payment are provided as estimates, unless expressly stated otherwise. In any event, the Seller undertakes to deliver the product on the date or within the timeframe indicated to the Client during the order.
In the absence of precise indication, delivery shall occur without undue delay and at the latest within thirty (30) days from the conclusion of the contract.
In the event of a significant delay attributable to the Seller, the Client may exercise the rights provided by law after a formal notice remains unsuccessful.
The Client receives, when available, a link or tracking number allowing them to follow the delivery of their order.
ARTICLE 8 - TRANSFER OF RISKS AND OWNERSHIP
The transfer of risks occurs when the Client, or a third party designated by them other than the carrier, takes physical possession of the products.
The transfer of ownership of the products occurs upon full payment of the price by the Client.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions applicable to distance contracts, the Client has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to justify a reason.
When the order concerns several products delivered separately, the period runs from the receipt of the last product.
To exercise this right, the Client must notify their decision by e-mail to contact.ousmano@gmail.com, using the standard withdrawal form attached, or by any unambiguous statement expressing their wish to withdraw.
The Client must then return the product(s) concerned, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, to the following address: OUSMAN DESIGN - Service Retours, 20 rue Henri IV, 51100 Reims, France.
Products must be returned in their original condition, complete, with any accessories, and, as far as possible, with their original packaging. The Client may handle the product to the extent necessary to verify its nature, characteristics, and proper functioning. However, their liability may be engaged in the event of depreciation resulting from handling beyond what is necessary.
ARTICLE 10 - RETURNS AND REFUND
Without prejudice to the legal right of withdrawal of fourteen (14) days, the Seller may grant, on a commercial basis, an extended return period of up to thirty (30) days after receipt for certain standard products, according to the indications on the Site, at the time of ordering or in the applicable return policy. This commercial right does not apply to products excluded by their nature or to products mentioned as non-returnable.
Unless otherwise stated on the Site or at the time of payment, standard returns shipped from metropolitan France are free. For other destinations, return costs are borne by the Client or indicated at the time of the return request.
In the event of a valid exercise of the right of withdrawal, the Seller shall reimburse the Client for the amounts paid for the returned products concerned, as well as the initial delivery costs corresponding to the standard delivery method offered when ordering.
Reimbursement shall be made without undue delay and at the latest within fourteen (14) days from the date on which the Seller is informed of the Client's decision to withdraw. However, reimbursement may be deferred until the products are actually recovered or until receipt of proof of shipment provided by the Client, the date chosen being the earlier of these events.
Reimbursement is made via the same payment method as that used for the order, unless expressly agreed otherwise by the Client.
The Seller reserves the right to refuse reimbursement of any product returned incomplete, damaged, soiled, worn, or depreciated beyond what is necessary to verify its nature, characteristics, and proper functioning.
ARTICLE 11 - LEGAL GUARANTEES
Products sold on the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, under the conditions provided by law.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, they only have to establish the existence of the defect and not its date of appearance.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience, under the conditions provided by law.
If the item is repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the item, but the seller imposes its replacement, the legal conformity guarantee is renewed for a period of two years from the date of replacement of the item.
The consumer can obtain a price reduction or contract resolution in cases provided for by law.
The consumer also benefits from the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code, for two years from the discovery of the defect. This guarantee may entitle the consumer to a price reduction or a refund upon return of the item.
For any claim under legal guarantees, the Customer may contact OUSMAN DESIGN - Customer Service, 20 rue Henri IV, 51100 Reims, France, by e-mail at contact.ousmano@gmail.com or by phone at 03 26 02 58 07.
ARTICLE 12 - CUSTOMER SERVICE AND COMPLAINTS
For any question, information, complaint or request relating to an order, the Customer can contact OUSMAN DESIGN Customer Service:
· by e-mail: contact.ousmano@gmail.com
· by post: OUSMAN DESIGN - Customer Service, 20 rue Henri IV, 51100 Reims, France
· by phone: 03 26 02 58 07
The Customer is invited to provide their name, order number and the subject of their request.
ARTICLE 13 - CONSUMER MEDIATION
In the event of a dispute, the Customer is invited to first send a written complaint to OUSMAN DESIGN in order to seek an amicable solution.
In the absence of an amicable agreement, or if there is no response within a reasonable period, the consumer Customer may free of charge use the following consumer mediator:
Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 49 rue de Ponthieu, 75008 Paris, website: www.cm2c.net, phone: 01 89 47 00 14.
ARTICLE 14 - LIABILITY AND FORCE MAJEURE
The Seller shall not be held liable for non-performance of the contract in the event of fault by the Customer, an unforeseeable and insurmountable act by a third party to the contract or force majeure.
The Seller cannot be held responsible for indirect damages, improper use of the products, or normal wear and tear of the product.
Cases of force majeure notably include external, irresistible and unforeseeable events within the meaning of French jurisprudence, such as natural disasters, fires, floods, external strikes, interruption of telecommunication networks or major transport and supply disruptions.
The party affected by a case of force majeure shall inform the other party as soon as possible to examine the conditions for continuing or suspending the performance of the contract.
ARTICLE 15 - INTELLECTUAL PROPERTY
All elements appearing on the Site, including texts, visuals, photographs, videos, designs, models, creations, graphic elements, logos and distinctive signs, are protected by intellectual property rights and remain the exclusive property of the Seller or its partners.
Any reproduction, representation, adaptation, exploitation or use, in whole or in part, without prior written authorization, is strictly prohibited.
The Seller also retains ownership of all intellectual property rights relating to photographs, presentations, studies, designs, models, prototypes or creations made, including at the request of the Customer, unless otherwise agreed in writing.
ARTICLE 16 - PERSONAL DATA
Personal data collected during orders are processed in accordance with the Privacy Policy accessible on the Site.
The Customer has the rights provided for by the applicable regulations on personal data protection, as specified in this policy.
ARTICLE 17 - APPLICABLE LAW AND LANGUAGE
These General Terms and Conditions of Sale are governed by French law.
They are written in French. In case of translation into another language, only the French version shall be authentic.
In the event of a dispute, and in the absence of an amicable agreement or mediation, the competent courts will be determined in accordance with the applicable legal rules.
APPENDIX - STANDARD WITHDRAWAL FORM
To the attention of:
OUSMAN DESIGN
20 rue Henri IV, 51100 Reims, France
E-mail: contact.ousmano@gmail.com
I hereby notify you of my withdrawal from the contract for the sale of the item below:
Ordered on:
Received on:
Order number:
Customer name:
Customer address:
Customer signature (only if notification is on paper):
Date:
