General Conditions of Sale

ARTICLE 1: SCOPE OF APPLICATION

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company OUSMAN DESIGN, whose registered office is located at 20 rue henri IV, 51100 Reims, France, to any natural person or legal entity wishing to acquire the products offered for sale by Ousman O. on its website https://www.ousman-o.com/ (“hereinafter referred to as the “Customer”).

The purpose of these conditions of sale is to define the contractual relationship between Ousman O. and the Customer and the conditions applicable to any purchase made through the Ousman O. merchant site.

The Customer declares to have read these General Conditions of Sale as well as the PRIVACY POLICY, and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website https://www.ousman-o.com/ . Any order placed for a Product appearing in the online store of the website implies consultation and prior acceptance without restriction or reservation of these conditions of sale.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website; https://www.ousman-o.com/

Ousman O. reserves the right to modify these general terms and conditions of sale from time to time in light of legislative developments; any modifications made will be applicable as soon as they are posted online. The version applicable to the Customer's purchase is the one in effect on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Ousman O. computer system constitutes proof of all transactions concluded with the Client.

ARTICLE 2: PRE-CONTRACTUAL INFORMATION

The fact for a natural or legal person to order on the website; https://www.ousman-o.com/; entails full adherence and acceptance of these General Conditions of Sale, as well as the Confidentiality Policy, and obligation to pay for the products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Ousman O..

ARTICLE 3: ORDERS

3.1 Presentation of the order

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

Some offers may be available for a short period of time, which is specifically announced. Since stocks are limited, a notice of depletion will be provided when the order is placed.

Products are offered while stocks last, as specified when the order is placed. As stocks are limited, the out-of-stock notice will be announced on the item. However, in the event of an error regarding the availability of the item, Ousman O. undertakes to reimburse the Customer. Some offers may be available for a short period of time, which is the subject of a specific announcement. As stocks are then limited, the out-of-stock notice will be announced when the order is placed.

The Products offered are those listed in the catalog published on the website and which have undergone quality control. They strive to present all the characteristics by means of photographs and a descriptive sheet established from the data provided by the manufacturer. Ousman O. undertakes to make its best efforts to describe the products with the greatest possible accuracy, however if errors or omissions may have occurred in this presentation, Ousman O. cannot be held liable. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website.

The Customer is required to read this information before placing an order. The selection and purchase of a Product is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to understand its essential properties and features.

The Customer acknowledges that the photographs on the website cannot perfectly reflect the appearance of the Product. The actual visual impression may differ very slightly from that of the photograph, particularly with regard to colors ; the Customer acknowledges that Kitsuné cannot be held liable on this basis.

The sale will only be considered final after Ousman O. has sent the Customer confirmation of acceptance of the order by email - and after the Customer has received payment in full.

Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of the method of marketing their products. The Customer acknowledges and accepts that Ousman O. reserves the right to refuse an order clearly validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders made for the same product in comparison with the usual quantity of an average consumer.

3.2 Confirmation of the order

The registration of an order on the Service Provider's website is carried out when the Customer accepts these General Conditions of Sale as well as the Confidentiality Policy, by checking the box provided for this purpose and validates his order.

The Customer may check the details of their order, its total price, and correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order. Ousman O. will not be able to modify or cancel the order. However, once the item(s) have been delivered, the Customer has the right of withdrawal as described in Article 8 hereof.

The Client must:

Validate your order basket after checking it;
Log in to your Customer account if you have one. Otherwise, the Customer can either create a personal Customer account or choose to continue your purchase without creating an account;
Indicate or confirm the billing and delivery address;
Confirm your order and payment;
Validate the payment;

Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and Ousman O..

Ousman O. reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of their order on the website.

Ousman O. will communicate, by an initial email, the following information: registration, confirmation of the order, invoice, and delivery time of the order.

Ousman O. will communicate, by a second email, the delivery number registered with the carrier allowing the delivery tracking to be consulted.

ARTICLE 4: PRICES

The currency varies depending on the country in which the Customer is located. However, the Customer may select a different delivery country. In this case, the price displayed will then be the one applicable to the delivery location selected by the Customer.

These prices do not include, unless otherwise stated, shipping costs, which will be indicated in addition to the price during the ordering stage and before the Customer confirms their order.

Before the Customer validates the order, the total amount of the order will be indicated (price + shipping costs + any customs duties and taxes applicable depending on the territory).

The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.

ARTICLE 5: PAYMENT CONDITIONS AND SECURITY

The payment process is handled by our international sales facilitation and order fulfillment partner, Global-e. Global-e is PCI-DSS Level 1 certified and will securely process your payment through its payment service providers based on your chosen payment method. The payment methods applicable to your order will be displayed during the order process. The order summary and invoice will be included in the package containing the ordered product(s).

The order is confirmed by payment of the price by the buyer.

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment.

Accepted payment methods may vary depending on the Customer's delivery country.

When the chosen payment method allows it, the Customer will have the option of making the payment in several installments.

The customer's account will only be debited on the day of purchase or the day the order is shipped, depending on the payment method used.

ARTICLE 6: DELIVERY TERMS

Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.

Once the order has been validated, the address indicated by the Customer cannot be modified. The carrier or Ousman O. cannot be held liable in the event of an impossibility of delivery due to an inaccuracy in the delivery address (it being specified that the designation of PO boxes is prohibited).

Delivery times for France:

Once your order has been shipped from our warehouse, delivery can take 2 to 3 business days, excluding weekends and holidays. An estimate of the delivery time and cost will appear on the checkout page.

Delivery times for the rest of the world:

Once your order has been shipped from our warehouse, delivery can take 3 to 5 business days, excluding weekends and holidays. An estimate of the delivery time and cost will appear on the checkout page.

The Customer can track the progress of the delivery of their order by clicking on this link , using the tracking number that will have been sent to them by email.

We aim to meet stated delivery times, but circumstances beyond our control, such as busy periods, extreme weather, customs inspections or exceptional conditions may occasionally cause delivery delays.

In the event of a delay in delivery attributable to Ousman O. which is more than 10 working days beyond the date indicated when ordering, the sales contract may be terminated at the request of the Customer, who will be fully reimbursed. The request should be made by email to the following address: contact.ousmano@gmail.com .

The amount of delivery costs is indicated after validation of the basket and is subject to the Customer's approval before validation of each order.

ARTICLE 7: TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from Ousman O. to the Customer will be made at the time of delivery which constitutes the transfer to the Customer of physical possession or control of the Product.

The transfer of risks of loss and deterioration relating thereto will take place at the same time, i.e. when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of Ousman O..

ARTICLE 8: RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Customer has a period of (14) fourteen days to withdraw from their purchase, without having to provide any reason.

Ousman O. authorizes the Customer to return the purchased products within a period of 14 days.

The period of fourteen (14) days runs:

from the day on which the Customer or a third party, who is not the carrier, designated by the Customer received the item ordered,
or, in the case of an order for several items delivered separately, from the day on which the Customer, or a third party who is not the carrier, designated by the Customer, received the last item.

From the issue of the return label by Ousman O., the Customer has a period of ten (10) days to send the returned Products.

The Customer is responsible for printing the return label and placing it on the package to be returned.

Return costs may be charged to the Customer, depending on the country of shipment. In this case, the return costs will be deducted from the amount of the Product refund.

If you have any difficulty returning your package, please contact Ousman O. Customer Service to obtain the necessary information.

Ousman O. cannot, however, be held responsible for the loss, damage or destruction of the Package if the Customer generates its return through a service other than Global-e.

Incomplete, damaged, soiled, or returned products outside the return period will not be accepted. Ousman O. reserves the right to refuse a refund for an item that does not meet the return criteria. In this case, you will receive an email from customer service informing you that your return has not been accepted, and we will resend the item in question. Gift boxes and bags cannot be returned, exchanged, or refunded by Ousman O.

ARTICLE 9: REIMBURSEMENT

If the right of withdrawal is exercised under the above conditions, Ousman O. will refund the price of the Product(s) purchased and the initial delivery costs. If the Customer returns the Product(s) purchased after the fourteen (14) days of the legal right of withdrawal, and before the thirty (30) days allowed, Ousman O. will only refund the price of the Product(s) purchased.

Standard return shipping is free for France. The return request generates an invoice indicating the amount of the product(s) excluding taxes. Ousman O. will refund the amount including tax of the product(s) paid when placing the initial order.

For returned items, it may take up to 21 business days for funds to be credited to your original payment method due to the various steps involved:

1- Delivery time of the product to our warehouse;

2- Processing and inspection of the product for refund approval;

3- Authorization from the financial department to make a refund;

4- It may take up to 7 business days for the funds to be credited to your payment method once the financial service has made the refund;

If your refund is not processed within 21 business days, please contact us at contact.ousmano@gmail.com and provide us with your tracking number for the returned package so we can obtain more information.

No refund will be made to the Customer who has not exercised his right of withdrawal under the conditions of this article.

ARTICLE 10: CUSTOMER SERVICE AND COMPLAINTS

In the event of a complaint, the Customer may first contact Ousman O.'s customer service department. To do so, the Customer may contact customer service by email at the following address: contact.ousmano@gmail.com

ARTICLE 11: LIABILITY AND WARRANTY

The Products sold on the website https://www.ousman-o.com/ comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by Ousman O. benefit automatically and without additional payment, in accordance with legal provisions and independently of the right of withdrawal:

From the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order;
From the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the terms set out below.

As part of the legal guarantee of conformity, the Client:

Benefits from a period of two years from delivery of the goods to take action against Ousman O.;
May choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
In the event that the repair or replacement of the Product ordered is impossible, the Customer may request a refund of the amount paid for the order;
Is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform Ousman O. in writing of the non-conformity of the Products by email to the address contact.ousmano@gmail.com or by registered letter with acknowledgment of receipt to Ousman Design. at the following address:

Ousman Design
Return and Refund Service
2, Rue du Commerce
51100 Reims, France.

Return costs will be covered by Ousman O.

Ousman O. will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

Ousman O. cannot be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

Ousman O.'s warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

ARTICLE 12: LIABILITY AND FORCE MAJEURE

Ousman O., in the online sales process, will only be bound by an obligation of means: his liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service or other involuntary problems.

Concerning the non-performance or poor performance of the contract, Ousman O. may however be exonerated from all or part of its liability by providing proof that it is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, despite all reasonably possible efforts to prevent them. Also considered as cases of force majeure are blockages of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, and in particular all networks accessible via the internet, or difficulties specific to telecommunications networks external to the parties.

The party affected by the force majeure shall notify the other within five working days of becoming aware of it. The two parties shall then agree on the conditions under which the performance of the contract may continue.

ARTICLE 13: INTELLECTUAL PROPERTY

The content of the website https://www.ousman-o.com/ is the property of Ousman O. and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. No one is authorized to reproduce, exploit, distribute, or use for any purpose whatsoever, even partially, the elements of the site, whether visual or audio. Any simple or hypertext link is strictly prohibited, except with the express written consent of Ousman O..

Furthermore, Ousman O. remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes produced (even at the request of the Client) for the purpose of providing the Services to the Client. The Client shall not reproduce or exploit said studies, drawings, models and prototypes without the express, written and prior authorization of Ousman O., which may make it conditional on financial compensation.

Consequently, any copying and use of the Ousman O. brand, any parasitism arising from the exploitation of the site will be automatically pursued and sanctioned.

ARTICLE 14: PERSONAL DATA AND COOKIES

Personal data and cookies from the website are processed in accordance with Ousman O.'s Privacy Policy, available here

ARTICLE 15: APPLICABLE LAW

These General Conditions of Online Sale are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.