GTC
GENERAL CONDITIONS OF SALE
Last updated: 23.01.2024
Welcome to the Owari website, we are delighted to welcome you and that you like our products.
Your satisfaction is our priority and we do everything we can to offer you the best customer experience.
We ask you to read these general conditions of sale carefully before accepting them.
The T&Cs are important for both Us and You!
The purpose of this document is to inform you, prior to your purchase, about our conditions of sale and to answer any questions that you may legitimately ask yourself, such as "can I withdraw?", "what are the delivery times?", etc.
WHO ARE WE ?
RUSH
SASU with capital of €100
5 industry street
885 055 137 RCS Nanterre
FR40885055137
contact@owari.fr
www.owari.fr
Referred to herein as “RUSH”
Here are some other elements of definitions:
In this document:
- The “Seller”, “RUSH”, “We”; designate the professional seller.
- “You”, the “Customer(s)”; means the non-professional buyer with the status of consumer.
- The “Site”; means all pages of the Seller’s website accessible via the link https://www.owari.fr/
- The “GTC”; means these general terms and conditions of sale
APPLICATION OF THE GTC:
The General Terms and Conditions govern and apply to all sales of the Seller's products made on the Site to Customers.
The T&Cs prevail over any other conditions or contradictory documents present on the Seller's Website or its social networks and/or in physical stores; except for special derogating conditions agreed between the Parties.
The T&Cs are permanently accessible on the Site and We refer to the T&Cs before placing your order. You have the option of downloading and/or printing them, so as to keep a copy.
The T&Cs are subject to change; the modifications are not retroactive; only those in force on the date you place your order are applicable to you.
Accepting the T&Cs by checking the box provided for this purpose and validating this choice with a click implies your full adherence and acceptance of the T&Cs.
By placing an order online, You enter into a contract with the Seller. Therefore, You must and acknowledge that You are of legal age and have legal capacity.
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions and the titles themselves are worthless.
Even if the Seller does not enforce at any time any of the clauses of these general conditions of sale, or the Customer fails to fulfill its obligations as described herein, the Seller does not in any way waive its right to enforce these conditions or obligations in the future.
WHAT PRODUCTS DO YOU OFFER?
You will find our products offered for sale by the Seller on the Site.
The essential characteristics of the products by the Seller are presented on the descriptive sheets of each product. You will find substantial information on the product there, before any purchase.
Photographs accompany the product descriptions, so that You can visualize the product; however, minimal variations in the representation of the products are possible with photographs, which do not engage the responsibility of the Seller.
You have the pre-contractual information, prior to the conclusion of the sales contract, it is your responsibility to consult it before placing any order.
This information is provided in French, and the Seller strives to present it in a clear, legible and understandable manner. It is important to note that as long as it is not a substantial element, the Seller cannot be held liable in the event of errors, omissions or misunderstanding by the Customer.
Availability
Our products are offered as long as they are visible on the Site and within the limit of available stocks. In the event of unavailability of a product after placing your order, We will inform you by email and You will be able to (at your choice):
- Choose an equivalent product at the same price as a replacement.
OR
- Obtain a credit corresponding to the amount of the out-of-stock product, valid for 1 year on the entire Site; the delivery costs will be refunded to you immediately if the order consists only of the out-of-stock product.
OR
- Get a refund for the unavailable product.
The refund will be made no later than 14 days after your refund request, the Seller will make the refund using the same means of payment as that used for the initial purchase. The Seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
HOW TO ORDER?
Any placing of an order implies payment by the Customer; this is an order with payment obligation.
The ordering process is carried out in several stages:
- Consultation of the products offered for sale by the Seller on the Site
- Selection of the product(s) by the Customer and addition to the basket
- Customer viewing of order details and total price
- The Customer provides the requested information on the order page
- Correction of possible errors by the Client
- Confirmation of the order by the Customer, which expresses his acceptance of the order. At this stage, the Customer expressly and unreservedly accepts the General Terms and Conditions
- The Client provides their bank details
- Validation and payment of the order by the Customer
- Acknowledgment of receipt of the order by the Seller, who sends a confirmation email to the Customer after receiving full payment for the order
At this stage, the order cannot be modified, except with the express and exceptional agreement of the Seller; and cannot be cancelled outside of the right of withdrawal, the conditions of which are defined below, or in cases of force majeure. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
WHAT ARE THE PRICE CONDITIONS?
Any placing of an order implies payment by the Customer; this is an order with payment obligation.
Price
Product prices are displayed on the Site; on the product description pages and on the order summary page, before confirmation of your order.
Prices are expressed in euros (€), all taxes included (TTC), the applicable VAT rate being that in force in France on the date the order is placed.
The price may be modified at any time by the Seller. However, the price applicable to you is the one in effect displayed on the Site at the time of your order.
You will be able to benefit from the discounts (promotion, sale, etc.) which appear on the Site under the conditions and during the validity period specified on the Site.
Unless special offer is granted by the Seller, delivery and transport costs are not included. They are invoiced in addition and displayed prior to placing the order.
The Seller reserves the right to suspend or cancel the order in the event of non-compliance with the above payment conditions.
You will receive your invoice at the email address you provided. For Customers who created a customer account when ordering, they can find their invoice in their personal space.
Please note that orders shipped outside the European Union and/or French overseas departments and territories are subject to customs formalities.
Payment of customs duties and other possible import taxes are the responsibility of the Customer and at his expense.
Payment
Payment is made immediately after order confirmation.
Payment is due in full and payable in cash using the following payment methods:
- Bank card (MASTERCARD, AMERICANN EXPRESS, BANCONTACT, IDEAL SORFORT BANKING, CARTE BLEUE, APPLE PAY) via the secure payment infrastructure “Stripe”
- Paypal
- Alma
WHAT ARE THE DELIVERY CONDITIONS?
Delivery
Delivery means the transfer to the Customer of physical possession or control of the goods.
We offer our products for sale internationally.
The Seller will deliver the products according to the terms defined when ordering (price and carrier), to the address that You provided when placing your order and within the time period specified when ordering.
You must be vigilant and check the address provided before confirming your order, because you will be held solely responsible for the consequences arising from any data entry error on your part and the related costs, in particular the reshipping costs which will be your exclusive responsibility.
Deadline
The Seller will make every effort to ensure that your order is shipped within the time period specified when ordering.
The deadlines run from the date of dispatch. This deadline does not take into account the order preparation time.
You may request in writing the termination of the sale (under the conditions provided for in Articles L 216-2 et seq. of the Consumer Code), only if the delay in delivery exceeds 30 days from the date of the order. It will then be up to the Seller to return the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The resolution of the sale will not be accepted if the delay or failure to deliver occurs due to the Customer or a case of force majeure.
Price
The delivery price varies depending on the carrier chosen and the rate is fixed.
In any event, the delivery time and price will be communicated to you before your order is confirmed.
I HAVE A PROBLEM WITH MY ORDER…
Why is my order cancelled?
We may cancel your order for any legitimate reason, including if there is a prior dispute.
The order may also be refused if the quantities ordered are abnormally high compared to the quantities usually ordered by the purchasing Customers as consumers.
We may cancel your order if the product is unavailable (see article “WHAT PRODUCTS DO YOU OFFER?” of the T&Cs).
My package is damaged, what should I do?
The Seller remains the owner of the goods delivered from the day of delivery until full payment of the entire sale price by the Customer.
The transfer of risks of loss and deterioration of the products occurs from the effective delivery of the order.
Upon delivery, you must ensure that the package is in conformity and has not been damaged. If you notice any deterioration in your package upon receipt, please refuse the package. In addition, you must follow the following procedure:
- Explicitly indicate your reservations on the delivery note or on the package if applicable (e.g.: package torn at the top, 5 cm hole / wet package, open package, etc.). Please note that simply checking the "with reservations" box has no legal value. You must write down your reservations exactly; it is advisable to take photos of the package as proof. In the event that the delivery person/carrier does not give you time to check the condition of the package, please add this note to your reservations.
- Send the carrier, within three working days following delivery, a registered letter with acknowledgement of receipt, in order to inform them of the apparent damage that You have noticed and confirm your reservations. Please note that in the event that the delivery person/carrier does not allow you to check the condition of the package, this period is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered when the package was opened, even if the exterior of the package (packaging) is not damaged.
At the same time, please contact The Seller immediately (see “HOW TO CONTACT YOU?”) to report the problem to us.
To process your request more quickly, please provide us with the following photos: order number, delivery note + photo of the products.
In the event that You choose to be delivered by a carrier other than the one chosen and proposed by the Seller, the transfer of risks occurs as soon as the products are handed over to the carrier, consequently, the Seller declines all responsibility and any loss or deterioration of the products will be your responsibility.
My package seems lost, what should I do?
In the event of a lost package, please contact the Seller without delay (see “HOW TO CONTACT YOU?”).
I received a product with a defect, what should I do?
From the date of delivery, you have a period of (3) three working days to send your complaint in writing (by post or email).
You must attach to your request all supporting documents, including photos proving the subject of your claim. If the claim is not made within these time limits and conditions, it will be refused by the Seller and the products will be deemed to be compliant and free from any apparent defect.
You may request a refund or replacement of the product, which will be the responsibility of the Seller, for any product delivered, the lack of conformity or apparent or hidden defects of which have been duly proven by the Customer under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
CAN I WITHDRAW?
You have the right to go back!
Yes, but there are conditions to respect if you wish to withdraw:
From the day of receipt of your order, you have a period of 14 clear days to notify the Seller of your wish to withdraw, without having to justify your decision or bear any costs other than those necessary for returning your order.
To do this, you can use the withdrawal form that you will find in the appendix at the bottom of the T&Cs page.
You can also express your wish to withdraw, on plain paper, without ambiguity, by post or email, specifying:
- Your order number
- The reference of the article subject to withdrawal
- Your first and last name
- Your address
- Your phone number
- Your email address
In the event of a dispute, it is up to you to prove that you have complied with the aforementioned withdrawal period.
Exception to the right of withdrawal
Please note that if the Customer unseals/opens the product (e.g. opening the bag) , it CANNOT BE WITHDRAWN, for reasons of hygiene or health protection.
The right of withdrawal is in fact conditional on compliance with the requirements set out in Article L 221-28 of the Consumer Code, which provides in particular that “the right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded at a public auction;
12° Of the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Of supply of digital content without a physical medium, the execution of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when: a) He has given his prior express consent for the execution of the contract to begin before the expiry of the withdrawal period; and b) He has acknowledged that he will lose his right of withdrawal; and c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L.221-13.
HOW TO MAKE A RETURN?
Please note, this only applies to products not excluded from the right of withdrawal.
The return must comply with the following conditions:
- The products must be returned to the Seller no later than 14 days after having informed the Seller of your wish to withdraw.
- The products must be returned in their original condition and complete (without prejudice to the possibility of unpacking and testing the product) allowing them to be put back on the market in new condition.
- Products must not be damaged or incomplete.
- Products must not have body odor, perfume odor, or laundry odor.
- The package must be returned to the following address: RUSH OWARI 5, rue de l'industrie 95310 SAINT OUEN L'AUMONE
- The package must be returned by post via colissimo* to the above address.
Unfortunately, purchasing online does not allow you to inspect the product as if you were in store. However, the possibility of withdrawing (under the conditions stated) allows you to try the product as you would in store. It is important to note that if the Seller finds signs of use that go beyond this framework and, in general, a depreciation of the product, the Seller may apply a discount and You will only be reimbursed for the amount of your order, less the discount.
When the conditions set out herein are met, the Seller will reimburse you within a maximum of 14 days after you have informed him of your wish to withdraw. However, the Seller refers to the right to defer the reimbursement until receipt of the items concerned by the withdrawal.
The Seller will make the refund using the same means of payment as that used for the initial purchase. You will be fully refunded, excluding delivery costs.
Furthermore, the costs and risks associated with the return are your responsibility. *To ensure efficient management of your return, we recommend that you use the Colissimo suivi service for shipping and keep all proof of shipment, including proof of shipping and the parcel tracking number. This will allow you to locate the parcel in the event of a problem.
Please note that only senders (i.e. you as a Customer) are authorized to initiate an investigation with the postal services in case of delivery issues. It is important to emphasize that the Seller cannot be held responsible for any loss or damage during the return process.
In the event of a dispute or request for reimbursement, it is your responsibility to provide proof that you have complied with the aforementioned withdrawal period. We thank you for your understanding and cooperation.
We would like to inform you of our refund policy and the associated costs in the event of a package being returned to the sender. If you wish to have your package returned, the return costs amount to €4.50 for a parcel relay and €6 for home delivery in France. We ask that you take these costs into account before requesting a return.
Regarding refunds, if your order is returned to us by the sender, the costs associated with the refund do not include the initial shipping costs as well as an additional €2 for return shipping costs. We strive to process each refund request quickly and in the best possible conditions for our customers.
HOW TO CONTACT YOU?
For all requests for information or complaints, whether before your purchase or after, you can contact customer service by email: sav@owari.fr
CUSTOMER REFERENCE
Your feedback, messages and photos are welcome! They are essential to help the Seller improve even more and offer you a quality customer experience.
By these T&Cs, You authorize the Seller to make them public on its Site and/or social networks Instagram, Tiktok, Snapchat, etc.
Unless expressly prohibited by the Customer, the Seller is authorized to mention the Customer's first name and/or username (social networks) in its reference lists.
When the Customer sends the Seller a message, comment and/or opinion relating to his order, he authorizes the Seller to use these testimonials for promotional and advertising purposes in particular. The Customer authorizes the Seller to adapt the form of these testimonials or to make changes to them (on the form).
This operating license is granted free of charge and without compensation; for the legal duration of copyright protection and for the entire world.
LEGAL PROVISIONS
Opposition to telephone canvassing:
As a Consumer Customer, you can register free of charge on the telephone canvassing opt-out list on the website www.bloctel.gouv.fr , if you do not wish to be the subject of telephone sales prospecting.
Compliance and legal guarantee:
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code).
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"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 the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. |
Guarantee against hidden defects:
Article 1641 of the Civil Code:
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648, first paragraph of the Civil Code:
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 in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Personal data:
When you place an order, the Seller collects personal data necessary for the conclusion of the contract, in order to guarantee its execution, to manage administrative aspects and to establish invoices.
This data includes your first name, last name, postal address, email address and telephone number.
The Seller guarantees that this data collection is carried out in full compliance with the laws in force (law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018) and is based, among other things, on the following legal basis: the execution of the contract.
The Seller undertakes to use your data only for the purposes specified in the privacy policy on the Site, unless the law requires sharing them with a competent judicial or administrative authority.
Your data is processed internally and the Seller may communicate this data to its potential subcontractors responsible in particular for the execution, processing, management and payment of orders.
Your data will be kept for the duration of the contract or up to 3 years after our last contact with you. Afterwards, they will be archived in accordance with the legal requirement, i.e. 5 years.
We take security measures to protect your personal data from alteration, damage or unauthorized access by third parties. To respond to a security incident or to address threats or vulnerability situations, We may take the following types of measures: reinforced authentication procedure, requiring the Customer to strengthen the security of their password, etc.
You have the right to control the use made of your data. You can request access to your data, have it rectified, or object to its inclusion in a file. You have the right to permanent access, modification, rectification, opposition, portability and limitation of processing of information concerning you. You can also object to the collection and/or use of your data as long as it is not essential for the proper execution of the contract.
To exercise this right, you must make your request by sending an email to the address sav@owari.fr or a letter to the address: 5, rue de l'industrie 95310 SAINT OUEN L'AUMONE
If you find that a violation of the general data protection regulation has been committed, you have the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation before a civil or administrative court. You have the possibility of filing a complaint with the National Commission for Information Technology and Civil Liberties.
More detailed information on personal data is available in the privacy policy on the Site.
Intellectual property:
The products for sale on the Site are the property of the Seller and are protected by intellectual property law.
All elements constituting the Site are the property of the Seller and/or its partners and are 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. The images, logo, brand, texts, photographs and any other element of the Website are protected by copyright, you are exposed to legal proceedings in the event of plagiarized, copied, stolen content, etc.
APPLICABLE LAW
These General Terms and Conditions and all purchase and sale transactions mentioned are governed by French law.
These General Terms and Conditions are written in French. If they are translated into another language, only the French version will be valid in the event of a dispute.
We inform you that in the event of a dispute arising after your purchase on the Site, you have several options for recourse, whether amicable or legal:
For an extrajudicial appeal:
You are invited to first contact the Seller's customer service (see the article herein "HOW TO CONTACT YOU?") in order to reach an amicable agreement.
In the event that we are unable to reach an arrangement, you have the option of resorting to conventional mediation or resorting to any alternative dispute resolution method.
In this regard, you can use the mediation service free of charge from the mediation body whose references are as follows:
CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu
or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27, Avenue de la Libération – 42400 SAINT CHAMOND
To be admissible, your referral to the mediator must be made within one year of a written complaint that you have sent to us remaining unsuccessful.
As a consumer, you can contact the Online Dispute Resolution Platform (ODR) accessible at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
You can also contact a consumer association which will help you with your procedures or alert the DGCCRF.
When no amicable solution can be reached, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.
For legal recourse:
You may bring legal action at your own expense. The dispute will be submitted to the competent courts under the conditions of common law.