Terms of Sales
These General Conditions constitute the sole basis of the commercial relationship between the parties and govern strictly and in their entirety all services and sales carried out in France or abroad, by the company OMBRELLE, Société by Simplified Shares, with capital of €6,600, under number B 894 975 465 at the Toulouse RCS, having its registered office at the Cité de la RSE, 32 Pierre Paul Riquet, 31000 Toulouse, represented by Mrs Océane Tobé-Loriot, who has as its activity the creation and service of online sales of products and clothing, advice, commitment, entrepreneurship and the well-being of people.
OMBRELLE and the Customer are hereinafter individually referred to as a “Party” and together the “Parties”.
Any Order with OMBRELLE automatically implies the unreserved acceptance of all of these General Conditions.
You must read and accept these T&Cs prior to each order by ticking the box provided for this purpose "I have read and I accept the General Terms and Conditions of Sale of OMBRELLE and I undertake to pay for my order" .
OMBRELLE reserves the right to adapt or modify these GCS at any time in order to comply with legislative and regulatory changes applicable to sales contracts concluded at a distance or in the event of changes in its sales activity. of ready-to-wear pieces.
The T&Cs thus modified will only be applicable to purchases made after this modification. The applicable version of the T&Cs is always the one appearing on the Site at the time of the pre-order or the order.
ARTICLE 1 – REGISTRATION ON THE SITE AND CREATION OF A CUSTOMER ACCOUNT
The sale of the Products is only accessible to registered customers holding an Account. The registration procedure takes place according to the terms and conditions developed below.
To register on the Website, the customer must be an adult natural person legally capable of contracting and meeting the quality of consumer at meaning of Law No. 2014-344 of March 17, 2014.
When registering, the customer must provide a valid email address and password, as well as personal information.
The password is personal and confidential. Each customer is fully responsible for the use and preservation of their password. Each customer agrees to do everything possible to keep their password secret and not to disclose it to anyone. In order to preserve the confidentiality of the password, the customer is invited to disconnect from the Website at the end of each Order.
Any loss or involuntary disclosure of any element likely to allow a third party to become aware of the password password of a customer, must be immediately reported in writing to OMBRELLE, so that the latter proceeds to a change of identifiers and passwords.
If the password is forgotten, the Customer must indicate it via the "Forgot your password?" », and he will receive an email to reset his password to the email address indicated during his registration.
ARTICLE 3 – UMBRELLA PRODUCTS
In accordance with Article L. 111-1 of the Consumer Code, the company OMBRELLE presents on the Site the Products for sale and their characteristics. The Customer has the possibility of knowing, before taking the final order, the essential characteristics of the Products he wishes to buy.
The in-stock offers presented by OMBRELLE are only valid while stocks last (hereinafter "Pre-order & Order")
The pre-order offers presented by OMBRELLE are only valid within the limit of the time available and the quantity offered for the pre-order (hereinafter "Pre-order & Order").
The photos representing the Products have only an indicative value. These photos, just like the texts illustrating the Products, do not enter into the contractual field.
The products remaining in stock at the end of the delivery and the possible return of the pre-ordered products are only offered within the limit of the available stocks (hereinafter "Pre-order & Order").
In accordance with European legislation, the fiber composition of the garments offered for sale by OMBRELLE is available for each product and displayed on the Site.
ARTICLE 4 – PRE-ORDER & ORDER
Any Order or Pre-order will be confirmed when the Customer clicks on the "Place my order" button.
Confirmation of the Order or Pre-Order implies acceptance by the Customer of the GCS and the essential characteristics of the Products.
As soon as the Order or Pre-order is registered, a confirmation email summarizing it (products, prices, product availability, quantity, etc.) will be sent to the Customer by OMBRELLE. To this end, the Customer formally accepts the use of e-mail for confirmation by OMBRELLE of the content of his order. In any case, the invoices are available on the customer's personal space.
In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum objective of a Pre-order campaign is not reached, OMBRELLE contacts the Customer at the end of the campaign to announce its decision to refund or produce.
In this case, OMBRELLE must reimburse the Customer within fourteen (14) days of the cancellation of the Pre-order.
If the Product is in stock, the Order will be executed at the latest within 7 days from the day following that on which the Customer placed his Order. In the event of unavailability of the Product ordered, the Customer will be informed as soon as possible and will have the possibility of canceling his Order. The Customer will then have the choice to request the exchange of the Product within fifteen (15) days at the latest after receipt or to be reimbursed.
The refund will be made no later than fourteen (14) days following the cancellation of the Order.
ARTICLE 5 – PRICE AND TERMS OF PAYMENT
The prices indicated on the site www.ombrelle.co are expressed in euros, VAT included (TTC).
VAT is applied at the rate in force in mainland France at the time of the order.
Prices are exclusive of delivery costs, which are added during the pre-order or ordering process.
For deliveries outside the European Union and in the DOM TOM, the order will be established excluding tax. In the event of payment of customs duties, import taxes or applicable local taxes, these costs are the responsibility of the Customer and are their sole responsibility.
OMBRELLE reserves the right to change the price of a product from one pre-order period to another without this change affecting a pre-order or an order already placed.
Payment for purchases is made via the secure platforms of our payment providers STRIPE and ALMA.
The products are payable when ordering, in cash (STRIPE) or in three instalments (ALMA) depending on the online payment system chosen by the Customer
If you choose to pay for your order in installments via the ALMA platform, you will be subject to the general conditions of the ALMA payment service available at https://www.getalma.eu/legal/terms /payment.
OMBRELLE informs you that you can only pay via the ALMA platform in instalments for purchases whose amount is between €150.00 and €2,000.00.
The fees applicable to this means of payment are, for each transaction, 3.8% of the amount of the transaction.
OMBRELLE reserves the right to suspend or cancel any order or pre-order in the event that your credit card payment authorization is refused or in the event of payment default.
OMBRELLE also reserves the right to refuse or cancel an order or pre-order from a Customer with whom a payment dispute is in progress or has taken place on the occasion of a previous order or pre-order or in case of objective suspicion of fraud.
Means of payment accepted: Visa, Mastercard, American Express
ARTICLE 6. DELIVERY
Section 6.1. Terms of delivery
Deliveries are handled by COLISSIMO.
They are made to the delivery address indicated by the Customer, which must correspond to his residence address, to the address of any other natural person of his choice or to his business address.
Delivery cannot be made to hotels or PO boxes.
The Customer must make sure to provide OMBRELLE with accurate and complete information relating to the delivery address.
In the event of an error in the wording of the address of the recipient of the package, OMBRELLE cannot be held responsible for the impossibility of making this delivery.
In the event of absence or impossibility of delivery of the package, COLISSIMO will leave you a transit advice note mentioning the address of the post office where you can collect it on presentation of an identity document, and the date when it will be available there.
Section 6.2. Delivery times
OMBRELLE indicates the delivery times when placing the Order. These are indicative times, expressed in working days and corresponding to average processing and delivery times.
The Customer acknowledges that, in the event of a Pre-order, the delivery time will be extended. OMBRELLE sells pre-order clothing in order to meet a need for responsible production at a lower cost. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time needed and the production volume of all the pre-ordered products.
OMBRELLE cannot be held responsible for the consequences due to a delay in delivery not being its fault or due to an act of force majeure.
The manufacture of these parts is only launched at the end of the pre-order period with our suppliers and provided that the minimum manufacturing quantities have been reached.
The time between your pre-order and delivery varies depending on the type of product offered and its manufacturing requirements.
You will be regularly informed of the manufacturing steps and the progress of your order.
Section 6.3. Receipt of products and transfer of risk
Delivery is deemed to have been made as soon as the Products are handed over to the Customer by the carrier, materialized by the control system used by the latter.
Delivery is deemed to have been made as soon as the product is delivered to the Customer by the carrier, materialized by the control system used by the latter
Upon receipt of the products upon delivery, you are invited to check the apparent condition of the packaging and the product and to report any damage to the carrier on the delivery slip and to OMBRELLE as soon as possible. short delays.
Delivery costs are to be paid by the customer in France and worldwide. The return costs will be borne by OMBRELLE in the event of withdrawal or in the event of a return for lack of conformity, except when the delivery address is not located in France. We take care of the return costs if necessary in France but they are the responsibility of our international Customers, except in the case of non-compliance of a product, in which case we take care of the return postage costs.
ARTICLE 7. RETURNS, EXCHANGES AND REFUNDS
You have 14 days after receiving your order to return your parts to us for a refund or to make an exchange.
The customer must formulate his request by writing to email@example.com and detailing the reasons for this reshipment. OMBRELLE will communicate its response to the client as soon as possible. You will then have a further 14 days to return your piece using the return slip provided by OMBRELLE.
Returns are free from mainland France.
Returns to be borne by the Customer outside mainland France (only the direct shipping cost) except in the case of a product that does not comply with your order, in which case the handling will be at our expense.
The product must be returned in its original packaging or any other adequate packaging, in its original condition, new, unworn, unwashed, for it to be exchanged or refunded.
The exchange will be possible within the limit of available stocks.
Failing this, we will refund your entire order.
In the event of a refund, a maximum period of 30 days is required from receipt of the returned product at OMBRELLE, before the amount of the returned product(s) is credited to the Customer's bank account.
The exchanged product will be sent to you within 14 days.
The Customer can only take advantage of free returns once, regardless of the number of Products concerned. For any additional request, the shipping costs will be fully borne by the Customer.
ARTICLE 8. RIGHT OF WITHDRAWAL
Pursuant to Article L.221-18 of the Consumer Code, you have a period of fourteen (14) days from the day after receipt of your OMBRELLE piece to exercise your right of withdrawal, without having to justify or justify your decision.
All reshipments of products will be made to the address mentioned in the following article. When the right of withdrawal is exercised, a maximum period of thirty (30) days is required from receipt of the returned product to OMBRELLE, before the amount of the returned product(s) is re-credited using the same means. payment to make this refund than the one used for the payment of the order.
The return is the responsibility of the Customer outside metropolitan France (only the direct cost of sending).
The product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
At the end of the withdrawal period, the sale is firm and final.
All products supplied by OMBRELLE benefit from the legal guarantee provided for by articles 1625 and following and 1641 and following of the Civil Code In the event of non-compliance or defects in the product sold, it may be exchanged or refunded in whole or in part by OMBRELLE.
In all cases, OMBRELLE cannot be held responsible for non-compliance with the regulations and laws in force in the country of receipt.
The Customer may contact customer service by email bonjour@ombrelle .co
ARTICLE 10. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
These T&Cs are governed by French law.
Any dispute relating to these T&Cs will be submitted to the materially and territorially competent French jurisdiction.
Pursuant to Articles L.612-1 et seq. of the Consumer Code, provided you have first sent a written complaint to OMBRELLE, you have the right to have free recourse to a consumer mediator with a view to amicable resolution of a dispute between you and OMBRELLE. You can send this prior complaint by post to the address OMBRELLE, Cité de la RSE, 32 Rue Pierre Paul Riquet, 31000 Toulouse or by email to the address firstname.lastname@example.org
Failing to make a prior written complaint to OMBRELLE, but also if the request is manifestly unfounded or abusive, if the dispute has previously been examined or is being examined by another mediator or by a court , if you submitted your request to the mediator within a period of more than one year from your written complaint to OMBRELLE, or if the dispute does not fall within the scope of the mediator's competence, it cannot be examined.
Any dispute arising in connection with the interpretation or execution of the present which could not be resolved amicably between the Parties will be brought before the competent courts. Apart from cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Toulouse..