General terms and conditions of sale

ARTICLE 1: ENTIRE AGREEMENT

These gen­er­al terms and con­di­tions express the entire­ty of the par­ties’ oblig­a­tions. As such, the con­sumer is deemed to have accept­ed all of the pro­vi­sions here­in with­out reser­va­tion. No gen­er­al or spe­cif­ic con­di­tion con­tained in the doc­u­ments sent or deliv­ered by the con­sumer may be includ­ed here­in, as these doc­u­ments would be incom­pat­i­ble with these gen­er­al terms and conditions.

ARTICLE 2: SUBJECT

The pur­pose of these gen­er­al terms and con­di­tions is to set out the rights and oblig­a­tions of the par­ties in con­nec­tion with the online sale of prod­ucts sold by Odi­ot the cus­tomer, from the moment the order is placed to deliv­ery, includ­ing the terms of payment.

ARTICLE 3: PRODUCT INFORMATION

Each prod­uct sold on the www.odiot.com web­site shall be accom­pa­nied by a descrip­tion and one or more pho­tos allow­ing the poten­tial cus­tomer to learn about the main char­ac­ter­is­tics of the prod­uct before plac­ing a final order. How­ev­er, the infor­ma­tion, char­ac­ter­is­tics, pho­tographs and graph­ics con­tained on the web­site or in e‑mails sent by Odi­ot are only pro­vid­ed for infor­ma­tion pur­pos­es. In par­tic­u­lar, Odi­ot can­not be held liable for dif­fer­ences in appear­ance per­tain­ing to shapes and col­ors observed between the pho­tographs or graph­ics pre­sent­ed on the web­site and the prod­ucts them­selves. How­ev­er, Odi­ot shall strive to rep­re­sent and describe the prod­ucts sold on its web­site as accu­rate­ly as pos­si­ble. Odi­ot can­not be held liable if an error has been insert­ed into the descrip­tion pro­vid­ed by the sup­pli­er of the prod­uct pre­sent­ed, and any and all pho­tographs illus­trat­ing said prod­uct are not con­trac­tu­al in nature.

ARTICLE 4 : AVAILABILITY

The prod­ucts pre­sent­ed by www.odiot.com are only valid if in stock. If the prod­uct is unavail­able, the cus­tomer will be informed by e‑mail. A replace­ment prod­uct will be offered, or the cus­tomer will be refund­ed. Odi­ot updates prod­uct avail­abil­i­ty on a fre­quent basis, how­ev­er they can­not be held respon­si­ble if stock is no longer the same as that indi­cat­ed at the time of plac­ing the order. More spe­cif­ic infor­ma­tion can be pro­vid­ed to the client by email. No can­cel­la­tion penal­ty will be applied for can­celling an order under such cir­cum­stances. No com­pen­sa­tion for can­cel­la­tion (oth­er than a full refund of the order) may be request­ed, as such unavail­abil­i­ty results from the dead­line for updat­ing such unavailability.

ARTICLE 5 : PRICE

Sales prices are valid for the term of their pub­li­ca­tion on the Web­site. They are expressed in euros includ­ing VAT and exclud­ing ship­ping costs. Such costs are fixed in accor­dance with the tar­iff set out below and are added to the total payable. You are remind­ed of the total payable when select­ing prod­ucts for pur­chase and adding them to your bas­ket, pri­or to con­firm­ing the order.

VAT on the sales price: Prod­uct prices are sub­ject to VAT in France, the coun­try from which the goods are shipped. In Euro­pean Union Mem­ber States, Prod­ucts are sold includ­ing VAT. Out­side the EU, sales prices are pro­vid­ed ex-VAT.

Cus­toms duties at des­ti­na­tion: any poten­tial cus­toms duties at des­ti­na­tion shall be borne by the buy­er. It is here­by spec­i­fied that prices dis­played online at the time of con­sul­ta­tion by the Cus­tomer are sub­ject to change, in par­tic­u­lar depend­ing on the price of raw mate­ri­als and ser­vices; such prices may be changed on the Web­site at any time and with­out notice, at our discretion.

Nat­u­ral­ly, any change in price will not affect orders already placed by Customers.

ARTICLE 6 : ORDER

To con­firm the order, the cus­tomer must first and nec­es­sar­i­ly read the gen­er­al terms and con­di­tions of sale pro­vid­ed on the website. 

When plac­ing the order, the cus­tomer also acknowl­edges hav­ing read the spe­cial con­di­tions of sale and the descrip­tion of the product(s) and states that he/she accepts them with­out reser­va­tion. Place­ment and con­fir­ma­tion of the order by the client under the above con­di­tions for­mal­ize his/her full accep­tance of the spe­cif­ic con­di­tions of sale applic­a­ble to the order. The order will only be defin­i­tive­ly record­ed when the Cus­tomer has con­firmed the sum­ma­ry screen for the order. The customer’s “click of accep­tance” of the Gen­er­al Terms and Con­di­tions of Sale and his/her “click con­firm­ing the order”, under the con­di­tions set out by the www.odiot.com web­site are irrev­o­ca­ble, except in the lim­it­ed cas­es pro­vid­ed for in these gen­er­al terms and con­di­tions of sale.

The Cus­tomer here­by acknowl­edges that he/she has read and under­stood these terms and con­di­tions and accepts them. He/she states that he/she has the legal capac­i­ty to place an order on the web­site and to use a cred­it card. The auto­mat­ic reg­is­tra­tion sys­tems on www.odiot.com are con­sid­ered as proof of the nature, con­tent and date of the order. The Cus­tomer must ver­i­fy the accu­ra­cy of the infor­ma­tion that he/she has pro­vid­ed to www.odiot.com, in par­tic­u­lar as regards the deliv­ery address.

The www.odiot.com web­site can­not be held respon­si­ble for any data entry errors or for the con­se­quences of deliv­ery delays and errors. As such, any costs incurred for returns shall be borne by the cus­tomer. The sale will not be con­sid­ered final until con­fir­ma­tion of the order by www.odiot.com.

Auto­mat­ic reg­is­tra­tion sys­tems are con­sid­ered as proof of the nature, con­tent and date of the order. The sale will be con­clud­ed only after con­fir­ma­tion of the order. Odi­ot shall con­firm accep­tance of the order by e‑mail to the e‑mail address pro­vid­ed by the cus­tomer. At any time, the Cus­tomer may con­tact Odi­ot to fol­low-up on his/her order.

ARTICLE 7 : PAYMENT

Pay­ment incidents

All orders are payable in full by the Cus­tomer. Pay­ment for the Customer’s pur­chas­es on the Web­site may be made by cred­it card (“CB” cards, Visa, Mas­ter­card and Amer­i­can Express are accepted).

In this case, the Cus­tomer’s cred­it card is charged for all orders on shipment.

When plac­ing an order on the Web­site, the Client must pro­vide his/her pay­ment details on the appro­pri­ate form.

When plac­ing an order online, the Cus­tomer guar­an­tees Odi­ot that it is the cred­it card hold­er and that the name appear­ing on the cred­it card is his/her own; he/she then pro­vides the num­ber and expiry date appear­ing on the front of the card as well as the visu­al cryp­togram appear­ing on the rear (or front) of the cred­it card in a secure online environment.

The fact that the Cus­tomer pro­vides his/her cred­it card num­ber shall be con­sid­ered as autho­ri­sa­tion to charge the total of the order to his/her account.

For orders paid by cred­it card, pay­ment shall only be con­sid­ered effec­tive once rel­e­vant pay­ment cen­tres have giv­en their consent.

Any infor­ma­tion pro­vid­ed by the Cus­tomer is pro­vid­ed in a secure envi­ron­ment using pro­to­cols in force online.

Pay­ment incidents

Odi­ot shall not be required to deliv­er prod­ucts ordered by the Cus­tomer if the lat­ter has not paid the full price in accor­dance with the terms and con­di­tions set out above.

When charg­ing for the order, in the event of incom­plete, incor­rect or lack of pay­ment, for any rea­son what­so­ev­er, or in the event of any pay­ment inci­dent, Odi­ot reserves the right to sus­pend or can­cel deliv­ery of any pend­ing orders.

In the event of a delay in pay­ment or pro­vi­sion of amounts due by the Cus­tomer, late pay­ment penal­ties equal to the legal inter­est rate in force shall be applic­a­ble ipso jure to the Cus­tomer, after pri­or notice remain­ing with­out effect, with­out prej­u­dice to any dam­ages which may be claimed from him/her.

In the event of fail­ure to pay after ser­vice of notice remain­ing with­out effect, Odi­ot shall retain full own­er­ship of the prod­ucts ordered until full pay­ment of the prod­ucts and may take legal action before the courts.

ARTICLE 8 : DELIVERY

Checks pri­or to order approval

Pri­or to any order or pur­chase, Cus­tomers must ensure that each prod­uct ordered can be deliv­ered with­out dif­fi­cul­ty and check that the dimen­sions of pack­ages and prod­ucts spec­i­fied on the prod­uct sheet are adapt­ed to the require­ments for home deliv­ery (lifts, stair­wells, hall­ways, cor­ri­dor doors, room of des­ti­na­tion). The Client must there­fore take all nec­es­sary mea­sures for prop­er delivery.

Any dif­fi­cul­ties encoun­tered on deliv­ery of the prod­ucts for which the Cus­tomer is respon­si­ble shall result in the Cus­tomer being charged for sub­se­quent deliv­ery of the products.

Deliv­ery terms

Deliv­ery of the prod­ucts shall be made at the address pro­vid­ed by the Client when ordering.

Deliv­ery times

Odi­ot under­takes to inform the Cus­tomer of deliv­ery times.

The deliv­ery times pro­vid­ed take account, in par­tic­u­lar, of the avail­abil­i­ty of prod­ucts and time required to cre­at­ed “Bespoke” or “Made to order” prod­ucts fea­tured on the Web­site. The deliv­ery times pro­vid­ed are cal­cu­lat­ed in work­ing days (exclud­ing Sun­days and bank holidays).

Deliv­ery times shall run from the date on which the Cus­tomer receives an email con­firm­ing his/her order. In the event of prob­lems with deliv­ery, Odi­ot under­take to make every effort to inform the Cus­tomer of its inabil­i­ty to respect the deliv­ery date. Odi­ot may not be held liable where deliv­ery delays are the result of a case of force majeure or are attrib­ut­able to the carrier.

Checks to be under­tak­en on delivery

Pri­or to singing the deliv­ery slip, the Cus­tomer must per­form the fol­low­ing checks:

• Check the appear­ance of the package(s).
• Check the con­di­tion of prod­ucts inside the package(s).
• Check the com­pli­ance of prod­ucts in rela­tion to the deliv­ery slip and to the goods ordered.

Thus, the Cus­tomer is respon­si­ble for per­form­ing all nec­es­sary checks to ensure com­pli­ance of the prod­ucts on deliv­ery. Such checks are con­sid­ered to have been car­ried out as con­firmed by the Customer’s sig­na­ture of the deliv­ery slip.

Should any anom­alies be observed on deliv­ery, the Cus­tomer must make all nec­es­sary cir­cum­stan­ti­at­ed and leg­i­ble reser­va­tions, and be as pre­cise as pos­si­ble (break­age, dam­age, non-com­pli­ance: Prod­uct error, dif­fer­ent colour and/or dimen­sions; miss­ing items, etc.) and refuse deliv­ery of the package(s) by pro­vid­ing the rea­sons for his/her refusal.

For the pur­pos­es of these con­di­tions, deliv­ery will be con­sid­ered as hav­ing been made, or the order will be con­sid­ered as hav­ing been deliv­ered when the Cus­tomer, or a third par­ty des­ig­nat­ed by the Cus­tomer has mate­r­i­al pos­ses­sion of the prod­ucts, as for­malised by the sig­na­ture of the acknowl­edge­ment of receipt of the order to the deliv­ery address pro­vid­ed by the Cus­tomer  on the deliv­ery order. 

Where deliv­ery is made by a car­ri­er, the Cus­tomer must make any reser­va­tions on the deliv­ery slip.

More­over, the Cus­tomer may also make any spe­cif­ic reser­va­tions relat­ing to the prod­ucts deliv­ered on the deliv­ery slip and send this deliv­ery slip to the car­ri­er with­in three days fol­low­ing the date of receipt of the deliv­ery at the latest.

In the absence of any spe­cif­ic reser­va­tions made by the Cus­tomer, deliv­ery will be deemed as compliant.

Reser­va­tion of own­er­ship and trans­fer of risks

The trans­fer of own­er­ship of ordered prod­ucts is sub­ject to full and prop­er pay­ment of their price. This clause does not pre­vent the trans­fer of risks per­tain­ing to the prod­ucts to the buy­er from the time of delivery.

ARTICLE 9 : RIGHT OF WITHDRAWAL

Odi­ot under­stand that those of its Cus­tomers who are dis­sat­is­fied with arti­cles ordered may exer­cise the right of with­draw­al pro­vid­ed for by Arti­cle L. 221–18 of the Con­sumer Code under the best pos­si­ble conditions.

Con­se­quent­ly, Cus­tomers may exer­cise their right of with­draw­al, with­out hav­ing to pro­vide a rea­son, up to four­teen (14) days after receipt of the arti­cle in question.

Pur­suant to Arti­cle L. 221–28 of the Con­sumer Code, this right of with­draw­al may not be exer­cised for items ordered concerning:

• the pro­vi­sion of goods man­u­fac­tured accord­ing to con­sumer spec­i­fi­ca­tions or which have been clear­ly personalised;
• the pro­vi­sion of items which have been opened by the con­sumer after deliv­ery and which may not be returned for rea­sons of hygiene or health and safety.

To exer­cise its right of with­draw­al, the client may use the with­draw­al form at the bot­tom of these Gen­er­al Terms and Con­di­tions of Sale, or any oth­er clear and leg­i­ble declaration.

To return the arti­cles already received, the cus­tomer must return the arti­cles by post. In this case, the client must return the arti­cle to the fol­low­ing address: Odi­ot, 5 Rue du Rous­sil­lon — 91220 Brétigny-sur-Orge (France), with­in four­teen (14) days of noti­fi­ca­tion of his/her deci­sion to with­draw. Direct return costs for the arti­cle shall be borne by the Cus­tomer. The Cus­tomer is respon­si­ble for pro­vid­ing proof of this return, which implies that the arti­cles must be returned by record­ed deliv­ery, or any oth­er means pro­vid­ing a cer­tain date, with the costs and risks for return being borne by the Cus­tomer. Refunds shall be pro­vid­ed with­in four­teen (14) days fol­low­ing receipt of the returned arti­cles by Odiot.

Refunds of amounts paid for the returned article(s) shall be pro­vid­ed, depend­ing on the pay­ment method used for the arti­cles, either by cred­it­ing the Customer’s bank account match­ing the cred­it card used for pay­ment or by trans­fer to the cus­tomer’s bank account. Pur­suant to Arti­cle L. 221–24 of the Con­sumer Code, addi­tion­al costs paid by the Cus­tomer and relat­ing to the choice of a spe­cif­ic deliv­ery method shall not be refunded.

It is spec­i­fied that no refunds shall be pro­vid­ed in-store.

More­over, in the case of a gift, the right of with­draw­al shall sole­ly and exclu­sive­ly ben­e­fit the Cus­tomer and may under no cir­cum­stances be exer­cised by the recip­i­ent of the gift.

In any case, the Cus­tomer must return the deliv­ered arti­cles in their orig­i­nal pack­ag­ing, com­plete (box­es, acces­sories, pro­tec­tions, labels, book­lets, etc.) and accom­pa­nied by the return vouch­er duly com­plet­ed as well as a copy of the invoice. Any arti­cles returned incom­plete, dam­aged, dete­ri­o­rat­ed, sul­lied or in any oth­er con­di­tion which rea­son­ably leaves it to be believed that they have been used or worn, will nei­ther be refund­ed nor exchanged and will be sent back to the Customer.

ARTICLE 10 : WARRANTIES

The Cus­tomer must ensure that the arti­cles deliv­ered match the order. Where the arti­cles deliv­ered do not match the order, the Cus­tomer must noti­fy Odi­ot cus­tomer ser­vice team by tele­phone and return the arti­cles in ques­tion under the con­di­tions set out in these Gen­er­al Terms and Con­di­tions of Sale.

Notwith­stand­ing the spe­cif­ic war­ran­ty con­di­tions issued to the client with the deliv­ered arti­cle, Odi­ot arti­cles shall be sub­ject to the war­ran­ty con­di­tions set out by law.

Reminder of Arti­cles L. 217–4, L. 217–5 and L. 217–12 of the Con­sumer Code and Arti­cles 1641 and 1648 (1) of the Civ­il Code:

“Arti­cle L. 217–4 of the Con­sumer Code: The sell­er deliv­ers an item which com­plies with the con­tract and shall be respon­si­ble for any lack of com­pli­ance at the time of deliv­ery. Said sell­er shall also be respon­si­ble for any lack of com­pli­ance due to pack­ag­ing, assem­bly instruc­tions or instal­la­tion where he/she is respon­si­ble for such under the con­tract or where such was under­tak­en under his responsibility”.

“Arti­cle L. 217–5 of the Con­sumer Code: 

To com­ply with the con­tract, the item must:

1. If it is fit for the pur­pose expect­ed of a sim­i­lar item and, where applicable: 
   • if it match­es the descrip­tion pro­vid­ed by the sell­er and has the fea­tures that were pre­sent­ed to the buy­er in the form of a sam­ple or model;
   • if it has the fea­tures that a buy­er may legit­i­mate­ly expect in light of the pub­lic dec­la­ra­tions made by the sell­er, man­u­fac­tur­er or rep­re­sen­ta­tive, notably in adver­tis­ing or on labelling;
2. Or if it has the char­ac­ter­is­tics defined by mutu­al con­sent by the par­ties or is fit for any spe­cial use sought by the buy­er, noti­fied to the sell­er and accept­ed by the latter. ”

“Arti­cle L.217–12: Legal action result­ing from a lack of com­pli­ance shall lapse two years after deliv­ery of the item”.

“Arti­cle 1641 of the Civ­il Code: The sell­er is bound by the guar­an­tee against hid­den defects relat­ing to the sold item which ren­der it unfit for the intend­ed use, or which dimin­ish such use, in such a way that the buy­er would not have bought it, or would have done so at a low­er price, had he/she been aware”.

“Arti­cle 1648 (1) of the Civ­il Code: Legal action for red­hibito­ry defects must be lodged by the buy­er with­in two years fol­low­ing dis­cov­ery of the defect”.

Pur­suant to case law, com­pen­sa­tion for the con­se­quences of the hid­den defect, when proved, includes the following:

• either repair of the arti­cle free of charge, includ­ing labour costs,
• or replace­ment or refund, in whole or in part, in the case in which the arti­cle can­not be used,
• and com­pen­sa­tion for any dam­ages caused to peo­ple and items by the article’s defect.

Odi­ot offers an after-sales ser­vice for its prod­ucts. The Cus­tomer may con­tact the cus­tomer ser­vice team by email: info@odiot.com to receive more infor­ma­tion about this service.

ARTICLE 11 : DIVISIBILITY OF CLAUSES

Should any of the stip­u­la­tions in this con­tract be declared null and void, this nul­li­ty shall not result in the nul­li­ty of the oth­er stip­u­la­tions which shall remain in force between the par­ties. Any con­trac­tu­al changes shall only be valid after an agree­ment in writ­ing has been duly signed by the parties.

ARTICLE 12 : FORCE MAJEURE

Odi­ot shall not be held liable for any default or any delay in the per­for­mance of its con­trac­tu­al oblig­a­tions attrib­ut­able to events out­side of its rea­son­able con­trol (here­inafter referred to as “Force Majeure”) as defined by Arti­cle 1218 of the Civ­il Code and by case law.

It is under­stood, on the one hand, that the con­trac­tu­al oblig­a­tions of Odi­ot shall be sus­pend­ed for as long as the case of Force Majeure lasts and, on the oth­er hand, that the dead­lines for per­for­mance with a view to ful­fill­ing such oblig­a­tions shall be extend­ed for an equiv­a­lent term to that of the case of Force Majeure. Odi­ot shall strive, inso­far as pos­si­ble, to bring an end to the case of Force Majeure or to seek a solu­tion allow­ing it to per­form its con­trac­tu­al oblig­a­tions despite the case of Force Majeure.

ARTICLE 14: APPLICABLE LAW — LANGUAGE — JURISDICTIONAL COMPETENCE

Only the Com­mer­cial Court of Paris shall have juris­dic­tion­al com­pe­tence. How­ev­er, we may request use of the arbi­tra­tion pro­ce­dure before the Court of Arbi­tra­tion at the Inter­na­tion­al Cham­ber of Commerce.

In the event of any tech­ni­cal dis­pute, we may request recourse to an expert appoint­ed accord­ing to the Inter­na­tion­al Cham­ber of Commerce’s Rules for Expertise.