Terms of service
Article 1: General information
These general conditions of sale are concluded on the one hand between Mrs. Aude Canevarolo as a micro-entrepreneur (hereinafter the "Seller") and on the other hand, any natural person wishing to make a purchase on the online store. This vintage and meeting the definition of consumer, within the meaning of the Consumer Code (hereinafter the “Customer”).
Ms. Aude Canevarolo's microenterprise has the trade name Ôdette and is registered in the Bordeaux Trade and Companies Register under the number A 90375223600013.. Its head office is located at 15 rue de Lisleferme 33000 Bordeaux.
For any question or complaint relating to an order placed on the Ôdette-vintage online store, the Customer can contact client service (hereinafter the "Customer Service") by email to the following address: contact@odette-vintage.com
Article 2: Purpose
These general conditions of sale (hereinafter the “General Conditions of Sale”) express all the obligations of the parties. They apply without restriction or reservation to all sales of Ôdette-vintage products offered on this online store (hereinafter the “Products”) by the Seller.
The Seller and the Customer agree that these general conditions exclusively govern their relationship.
Consequently, these general conditions of sale apply to the exclusion of all other conditions and will prevail, where applicable, over any other version or any other contradictory document.
Ôdette-vintage reserves the right to adapt or modify its general conditions of sale at any time. The applicable version is the one in force at the time of validation of the order by the Customer, which consists of payment for the order by the Customer.
Article 3: Legal capacity
Prior to his order, the buyer declares to have full legal capacity, allowing him to commit to these General Conditions of Sale. It is recalled that in application of article 1146 of the Civil Code, non-emancipated minors are unable to contract.
Consequently, if a person who does not have legal capacity orders products, his legal representatives (parents, guardians in particular) would assume full responsibility for the order and should honor the price thereof.
Article 4: Product Information
Specializing in the sale of vintage fashion and luxury items, Ôdette-vintage offers unique items. It is therefore impossible for the same product to be sold twice.
The Products offered by the Seller are those appearing on this online store.
The photographs on the site are as faithful as possible to reality (color, material, details, possible defects) but cannot ensure a perfect similarity with the product offered.
The Customer can access the description of each Product when browsing the said store (in particular the Product category, its brand, its price, its color, its composition, its size). The main characteristics of the Products added to the basket are also recalled on the "Basket" page. Ôdette-vintage strives to present all the characteristics of the products, indicating any visible defects.
It is indicated in the description of the article an estimate of the size. Indeed, there may not be an indication of size on the article, or it may be distorted by the time of this one. It is therefore strongly recommended to refer to the precise measurements which are indicated on each product sheet.
Article 5: Product availability
When the product is no longer available, the words "Too late" will appear on the Product page.
In the event of an error, Ôdette-vintage undertakes to notify the customer by email as soon as possible. If the product has already been paid for, the Seller undertakes to reimburse the customer for the price of the item as well as the delivery costs if the order did not contain any other Product.
If only part of the Products ordered by the Customer is unavailable, the other Products will be delivered to him and the Customer will be reimbursed for the amount of the missing Product (s) not delivered.
Article 6: Placing of the order and conclusion of the sales contract
6.1 - Placing the order
To select the Products he wishes to buy, the Customer must click on the button"Add to Cart" on the Product sheet.
By clicking on "My basket", the Customer has the possibility to obtain at any time a summary of the selected Products and to check their content as well as the prices and characteristics.
He can then finalize his order by clicking on "Proceed to payment" or continue shopping.
6.2- Conclusion of the sales contract
To finalize his order, the Customer must, after checking the content and price of the Products in his order:
- accept the General Conditions of Sale as well as the Confidentiality Policy, this acceptance being essential for the conclusion of the sales contract,
- choose the delivery methods for their order, after having read the shipping times and prices for each of the delivery methods offered, indicated on the page
- select the chosen payment method
The Customer must then click on the "Proceed to payment" button. By clicking on the "Confirm payment" button, the Customer agrees to be bound to the Seller by a sales contract and undertakes to pay the amount of the order placed on the Ôdette-vintage online store.
Any validation of the order by the Customer constitutes express acceptance of the General Conditions of Sale by the Customer without any restriction or reservation.
6.3 - Confirmation of the order
The Seller confirms by email, to the address indicated by the Customer when ordering and as soon as possible, the good receipt of the order placed by the Customer. The confirmation email includes a summary of the order placed by the Customer as well as a reminder of the General Conditions of Sale applicable to the sales contract.
6.4- Modification and cancellation of the order
Once the Customer has validated the order, he can no longer cancel or modify the order.
It should be noted that the Seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers having the status of consumers or in the event of a payment problem.
Ôdette-vintage also reserves the right to refuse any order in the event that the price displayed (and paid by the Customer) is inaccurate or derisory due to a technical or computer malfunction or any other reason that the Seller will reserve for the right to explain to his client. The responsibility of Ôdette-vintage cannot be engaged in this respect.
Article 7: payment
7.1 - Product prices
The price is mentioned on the Product Page of the online store as well as in "My Basket" and "Review my order". The price of each Product is indicated in euros. As Ôdette-vintage is a micro-enterprise, no VAT applies in accordance with article 293B of the General Tax Code.
The price of the Product does not include any delivery costs, which are indicated to the Customer when ordering during the order validation process and before the Customer confirms it.
7.2 - Obligation to pay for the order
The Customer is informed and acknowledges that by placing an order on the Ôdette-vintage online store, he undertakes to pay the Seller the full amount of the order at the time of validation of the order and declares to have the capacity and the means necessary to honor it.
7.3 - Payment methods accepted
The Customer can pay for his order by Visa, Amex or Mastercard type credit card or through the Paypal website and Applepay.
7-4 Retention of title
The Products ordered by the Customer remain the property of the Seller until full payment of the amount of the Product order (delivery costs included).
Article 8: delivery
8.1 - Place of delivery
Products ordered on the Ôdette-vintage online store can be delivered in France, in member countries of the European Union and internationally (under conditions). The costs and delivery times may vary depending on the destination of the package.
8.2 - Costs, methods and delivery times
Except in cases of force majeure or during closing periods which will be clearly announced on the online store, the Seller undertakes to ship the Products within a maximum period of 2-3 days. Shipping times run from the date of registration of the order indicated on the order confirmation email.
The Products are delivered by post via Colissimo with signature to all the destinations that the delivery service offers.
When the Colissimo service does not allow delivery to the Customer's country, the Seller undertakes to offer the customer another delivery method.
Delivery costs may then be changed depending on the carrier chosen.
In the absence of agreement on the chosen delivery method, the Seller undertakes to reimburse the Customer as soon as possible.
In addition, any order placed outside of France may be subject to customs duties and any taxes which are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of the Product are the responsibility of the Customer and are their responsibility. Consequently, the Customer is invited to obtain information from the competent authorities in his country.
8.3 - Delivery tracking
The Customer receives an email to confirm the shipment of the order and indicate the tracking link that will allow him to locate the package.
8.4- Delay in delivery
In the event of a delay in the delivery of the order in relation to the shipping times and the delivery method indicated by the Seller, the Customer may formally order the Seller to make delivery within a reasonable additional time according to the following terms:
- by email to: contact@odette-vintage.com
In the absence of delivery within the expected reasonable additional period, the Customer has the option to cancel the order with the Seller and to terminate the sales contract under the same terms, namely:
- by email to: contact@odette-vintage.com
The contract is considered to be terminated on the date of receipt by the Seller of the written notice informing him of the termination. The Seller undertakes to reimburse the Customer within 14 days of the date on which the contract was terminated.
If delivery has taken place in the meantime, the contract will not be considered terminated.
When the delivery period constitutes for the Customer an essential condition of the sales contract, the Customer can immediately terminate the sales contract according to the aforementioned terms, without requiring the Seller to make delivery within a reasonable additional period. The decisive nature of the delivery time may result from the circumstances expressly surrounding the conclusion of the contract. If delivery occurs in the meantime, the order must be returned in full to the Seller and the Customer will be reimbursed for the amount of the order within a maximum period of 14 days.
However, Ôdette-vintage cannot be held responsible for a delay in delivery following a case of force majeure or an impediment of the carrier (eg: parcel blocked at customs).
8.5 - Delivery difficulties
In the event of an error in the address indicated by the Customer for delivery or if for any reason whatsoever delivery is not possible, the package will be returned to the Seller and the order will be canceled.
The Customer will be reimbursed for the amount of the order, excluding delivery costs which will remain with the Seller. The Seller cannot be held liable in the event of delay in performance or failure to perform resulting from an external and unforeseeable event during the order, such as in particular in the event of war, acts of terrorism, strikes, states of national or local emergencies, transmission failure, power or service outages, pandemics, earthquakes or other natural disasters. In this case, the Seller's liability cannot be engaged and no reimbursement may be made for the benefit of the Customer, the sums paid will remain acquired by the Seller.
8.6 -Transfer of risks
The risks of loss and damage to the Products ordered are transferred to the Customer upon full payment of the price.
Article 9: Right of withdrawal
The Customer has 14 days from the date of receipt of the Product to inform the Seller of his wish to exercise his right of withdrawal, without having to justify a reason. Return costs are the responsibility of the Customer.
The Seller reserves the right to refuse the return of the Product if it has been worn, damaged or altered.
If it is an order for several Products delivered separately or if it is an order for a Product made up of several lots or multiple parts, the delivery of which is spread over a defined period, the deadline runs from the receipt of the last good or lot or the last part.
The right of withdrawal cannot be exercised on personalized products in accordance with the third paragraph of article L121-20-2 of the Consumer Code.
To exercise his right of withdrawal, the Customer must:
- within 14 days of receipt of the Product, inform the Seller of his decision to withdraw by sending him an email to the following address: contact@odette-vintage.com by sending him the withdrawal form ( annexed to these General Conditions of Sale) or by making a declaration expressing its wish to withdraw and indicating its name, first name, address and order number, as well as the references of the returned Products;
- at the latest within the period of 14 days following its notification of the decision to withdraw, return the Products concerned, in perfect condition and in their original packaging. Otherwise, the Seller reserves the right to refuse the return of the Products.
To return the Products, the Customer must follow the steps below:
- Attach the completed withdrawal form / free paper containing the above information with the returned Product (s), their pouch (s) and / or box (s), if possible in the packaging. 'origin.
- Deposit the return package at the Post Office or at a relay point and keep proof of the deposit.
The Customer will be informed by email to the address provided when ordering that the Seller has received the returned Products.
For any question relating to the return of one or more Product (s), the Customer is invited to contact contact@odette-vintage.com
Article 10 : Legal guarantees
The Customer has the following legal guarantees for any Product purchased on the online store:
- The guarantee of conformity, provided for in Articles L. 217-4 to L. 217-13 of the Consumer Code;
- The relative guarantee against hidden defects of the item sold, provided for in articles 1641 to 1649 of the Civil Code.
In order to facilitate the implementation of these guarantees, the Customer must keep the confirmation of the order for the Product and / or the invoice for the Product.
Article 11: Liability
Any defect, snag, deterioration of the Product resulting from improper use of the Products by the Customer may not give rise to the activation of one of the legal or commercial guarantees.
Article 12: Intellectual property
The Customer is granted a limited right to use the Site which remains the exclusive property of Mrs. Aude Canevarolo, who has created and put online, in particular, the web pages, images and script sources, and the basic data comprising it. The customer is therefore prohibited from disseminating or reproducing the Site, in whole or in part, in any form whatsoever. All illustrations, images, designs and logos appearing on the company's items sold remotely, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Ôdette-vintage.
Any total or partial reproduction, downloading, modification or use of these illustrations, images and logos, designs and models for any reason and on any medium whatsoever, without the prior express written consent of Ms. Aude Canevarolo, is strictly prohibited and is liable to to constitute an offense of forgery.
The same applies to any combination or conjunction with any other brand, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. Likewise, the following are strictly prohibited without the express prior written consent of the company:
- the creation of hypertext links to any of the pages or to any of the elements composing the Site;
- any use not in accordance with this license to use the Site and, in particular, use of any of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc. .) for sale or any other direct or indirect commercial use.
Article 13 : Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data which has for purpose the sale, delivery of products defined in this contract and customer loyalty.
Consequently, the Seller collects and processes the personal data of the Customer as well as that of the recipient of the order if it is different.
By personal data, the following are referred to: name, first name, address, email address, date of birth, gender, payment data as well as user connection data.
The personal data provided by the buyer when ordering is necessary for the establishment of the invoice and the delivery of the goods ordered and performance of the services, otherwise the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. He can also request the portability of his data and also benefits from the right to lodge a complaint with the CNIL.
These rights can be exercised by sending a request to Mrs. Aude Canevarolo, data controller, either by email to the following email address: contact@odette-vintage.com or by post to the following postal address:
Ms. Aude Canevarolo
15 rue de Lisleferme
33000 Bordeaux
The legal bases of the processing are the contractual execution and the consent since the collection of the data allows the loyalty of the customers.
The recipients or the categories of recipients of personal data are: the controller, the departments in charge of IT security, the subcontractors involved in the delivery operations as well as any authority legally authorized to access the personal data in question.
No data transfer outside the EU is planned.
The data retention period is the time of the commercial prescription.
Article 14: Electronic proof
By using an online sales service, the Customer accepts that all declarations, opinions, information and other communications are sent to him electronically, except where there is a mandatory legal provision requiring the use of non-electronic writing. In the event of a dispute, the document stored in the Seller's computer system will prevail.
Article 15: Independence of titles and clauses
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Similarly, if one or more of the terms and conditions of these Terms and Conditions is invalid, unlawful or unenforceable, for any reason whatsoever, the validity of the other terms and conditions of the Terms and Conditions of Sale will not be affected. the other stipulations will remain in force.
Article 16: Language of the contract
These general 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 prevail in the event of a dispute.
Article 17: applicable law
These general conditions are subject to the application of French law. This is the case for the substantive rules as for the rules of form.
Article 18: Litigation
In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
The buyer can present any claim by contacting the seller using the following contact details explaining the details of the claim and expectations:
Ms. Aude Canevarolo
Ôdette-vintage
15 rue de Lisleferme
33000 Bordeaux
contact@odette-vintage.com
Complaints or disputes will obviously be received with attention, good faith being always presumed in those who take the time to explain their situation.
In the absence of an amicable resolution of the dispute, the Commercial Court of Bordeaux has sole jurisdiction, regardless of the place of delivery and the method of payment used.
Article 19: Mediation
Under consumer mediation as defined in Articles L.612-1 et seq. Of the Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute that lasts. 'opposes a professional.
APPENDIX 1 - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
«For the attention of Mrs. Aude Canevarolo, 15 rue de Lisleferme - 33000 Bordeaux, contact@odette-vintage.com
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper): […] "
Date :
(*) Cross out the unnecessary mention.
APPENDIX 2 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641
- Created by Law 1804-03-06 promulgated on March 16, 1804
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for byarticle 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.