Terms and Conditions
The present General Conditions constitute the sole basis of the commercial relationship between the parties and strictly govern in their entirety all the services and sales carried out in France or abroad, by the company OMBRELLE, Société par Actions Simplifiée, with a capital of 6000 €, under the number B 894 975 465 at the Toulouse Trade and Companies Register, having its registered office at the Cité de la RSE, 32 Pierre Paul Riquet, 31000 Toulouse, represented by Mrs. Océane Tobé-Loriot, whose activity is the creation and online sales service of products and clothing, advice, commitment, entrepreneurship and well-being of people.
OMBRELLE and Client are hereinafter individually referred to as a “Party” and together as the “Parties”.
Any Order from OMBRELLE implies by right the acceptance without reserve of the entirety of these General Conditions.
You must read and accept these Terms and Conditions prior to each order by ticking the box provided for this purpose “I have read and 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 at any time these GTC in order to comply with legislative and regulatory developments applicable to sales contracts concluded at a distance or in case of evolution of its business of selling ready-to-wear pieces.
The T&Cs thus modified will only be applicable to purchases made after this modification. The version of the T&Cs applicable 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 Products is only accessible to registered customers who have an Account. The registration procedure takes place according to the terms and conditions set out below.
To register on the Website, the customer must be a natural person of legal age and legally capable of entering into a contract, and must qualify as a consumer within the meaning of Law No. 2014-344 of 17 March 2014.
When registering, the customer must provide a valid email address and a password, as well as personal information.
The password is personal and confidential. Each customer is entirely responsible for the use and preservation of their password. Each customer undertakes to do everything in his power to keep his password secret and not to disclose it to anyone. In order to preserve the confidentiality of the password, the customer is invited to log out of the Web Site at the end of each Order.
Any loss or unintentional disclosure of information that could allow a third party to gain access to the client’s password must be immediately reported in writing to OMBRELLE, so that the latter may proceed to change the client’s user name and password.
If the Customer forgets his/her password, he/she must indicate this via the “Forgotten your password?” section, and he/she will receive an email to reset his/her password at the email address indicated during registration.
ARTICLE 3 – THE UMBRELLA PRODUCTS
In accordance with Article L. 111-1 of the French Consumer Code, the company OMBRELLE presents on the Site the Products for sale and their characteristics. The Customer has the possibility of knowing, before the final order is taken, the essential characteristics of the Products he/she wishes to purchase.
The stock offers presented by OMBRELLE are valid only within the limits of available stocks (hereinafter “Preorder & Order”).
Pre-order offers presented by OMBRELLE are only valid within the limit of the time available and the quantity offered for pre-order (hereinafter “Pre-order & Order”).
Les photos représentant les Produits n’ont qu’une valeur indicative. Ces photos, tout comme les textes illustrant les PThe photos depicting the Products are indicative only. These photos, as well as the texts illustrating the Products, are not part of the contractual field.
The products remaining in stock after delivery and possible return of the pre-ordered products are only offered within the limits of available stocks (hereinafter “Pre-order & Order”).
In accordance with European legislation, the fibre composition of the clothing offered for sale by OMBRELLE is available for each product and displayed on the Site.
ARTICLE 4 – PRE-ORDERING & ORDERING
Any Order or Pre-Order will be confirmed when the Customer clicks on the “Place my order” button.
The confirmation of the Order or Pre-order implies the Customer’s acceptance of the GTC and the essential characteristics of the Products.
As soon as the Order or Pre-order is registered, a confirmation email summarising the same (products, price, product availability, quantity, etc.) will be sent to the Customer by OMBRELLE. To this end, the Customer formally accepts the use of electronic mail for the confirmation by OMBRELLE of the content of his/her order. In any case, the invoices are available on the Customer’s personal space.
In the case 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 will contact the Customer at the end of the campaign to announce its decision to refund or produce.
In this case, OMBRELLE shall proceed to reimburse the Customer within fourteen (14) days from 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 the day the Customer placed the Order. If the Product ordered is not available, the Customer will be informed as soon as possible and will be given the opportunity to cancel the Order. The Customer will then have the choice of requesting an 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 after the Order is cancelled.
ARTICLE 5 – PRICES AND PAYMENT METHODS
The prices listed on www.ombrelle.co are in Euros, including VAT.
VAT is applied at the rate in force in metropolitan France at the time of the order.
Prices are exclusive of delivery charges, which are added during the pre-order or order process.
For deliveries outside the European Union and in the DOM TOM, the order will be established exclusive of tax. In the event that customs duties, import taxes or applicable local taxes are payable by the Customer and are the sole responsibility of the Customer.
OMBRELLE reserves the right to change the price of a product from one pre-order period to the next without this change affecting any pre-order or order already placed.
Purchase payments are made via the secure platforms of our payment providers STRIPE and ALMA.
Products are payable at the time of order, 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 ALMA payment service terms and conditions available at https://www.getalma.eu/legal/terms/payment.
OMBRELLE informs you that you can only pay via the ALMA platform in installments for purchases between € 150.00 and € 2,000.00.
The fee applicable to this payment method is, for each transaction, 3.8% of the transaction amount.
OMBRELLE reserves the right to suspend or cancel any order or pre-order in the event that your credit card authorisation is refused or in the event of non-payment.
OMBRELLE also reserves the right to refuse or cancel an order or pre-order from a Customer with whom a payment dispute is pending or has occurred in connection with a previous order or pre-order or in case of objective suspicion of fraud.
Payment methods accepted: Visa, Mastercard, American Express
ARTICLE 6. DELIVERY
Article 6.1. Terms of delivery
Deliveries are made by COLISSIMO.
They are made to the delivery address indicated by the Customer, which must correspond to his home address, the address of any other natural person of his choice or his business address.
The delivery cannot be made to hotels or post office boxes.
The Customer must ensure that they provide OMBRELLE with accurate and complete information regarding the delivery address.
In the event of an error in the wording of the details of the recipient of the package, OMBRELLE cannot be held responsible for the impossibility of proceeding with this delivery.
If you are absent or unable to collect your parcel, COLISSIMO will leave you a delivery notice indicating the address of the post office where you can collect it on presentation of an identity document, and the date on which it will be available.
Article 6.2. Delivery times
OMBRELLE indicates the delivery times during the Order. These are indicative times, expressed in working days and correspond to the average processing and delivery times.
The Customer acknowledges that, in case of Pre-order, the delivery time will be extended. OMBRELLE markets clothing on a pre-order basis in order to meet a need for responsible production at a lower cost. The estimated delivery time appears 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 volume of production of all the pre-ordered products.
OMBRELLE will not 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 will only be initiated after the pre-order period with our suppliers has ended 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 informed regularly of the manufacturing stages and progress of your order.
Article 6.3. Receipt of products and transfer of risks
Delivery is deemed to have taken place as soon as the Products are handed over to the Customer by the carrier, evidenced by the control system used by the carrier.
Delivery shall be deemed to have taken place as soon as the product is handed over to the Customer by the carrier, materialised by the control system used by the carrier.
On receipt of the products on 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 note and to OMBRELLE as soon as possible.
The delivery costs are to be paid by the customer in France and in the world. OMBRELLE will pay the return shipping costs in case of withdrawal or in case of return for lack of conformity, except when the delivery address is not located in France. We will take care of the return shipping costs if necessary in France, but they are to be paid by our international Customers, except in the case of non-conformity of a product, in which case we will take care of the return shipping costs.
Article 7. Returns, exchanges and refunds
You have 14 days after receiving your order to return your parts for a refund or exchange.
The customer will have to formulate his request by writing to email@example.com and detailing the reasons for this reshipment. OMBRELLE will communicate its answer to the customer as soon as possible. You will then have a new period of 14 days to return your part using the return slip provided by OMBRELLE.
The return is free of charge from the moment the part is received.
The return is at the expense of the Customer outside of metropolitan France (only the direct cost of shipping) except in the case of a product that does not conform to your order, in which case we will take care of it.
The product must be returned in its original packaging or other suitable packaging, in its original, new, unworn, unwashed condition, for exchange or refund.
The exchange will be possible while stocks last
Failing that, we will proceed with a full refund of your order.
In the event of a refund, a maximum period of 30 days is required from receipt of the returned product to 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 benefit from free returns once, regardless of the number of Products concerned. For any additional request, the shipping costs will be fully charged to the Customer.
Article 8. Right of withdrawal
In application of article L.221-18 of the French Consumer Code, you have a period of fourteen 14 days from the day following receipt of your OMBRELLE item to exercise your right of withdrawal, without having to give reasons or justification for your decision.
All returns of products will be sent to the address mentioned in the following article. When the right of withdrawal is exercised, a maximum period of thirty 30 days is necessary from the receipt of the product returned to OMBRELLE, before the amount of the product(s) returned is re-credited using the same means of payment to make this refund as that used for the payment of the order.
The return is at the expense of the Customer outside metropolitan France (only the direct cost of shipping).
The product must be returned in its original packaging, in its original condition, new, unworn and unwashed.
At the end of the withdrawal period, the sale is firm and final.
Article 9. Guarantees
All products supplied by OMBRELLE benefit from the legal guarantee provided by articles 1625 and following and 1641 and following of the Civil Code. In the event of non-conformity or defects of the product sold, it may be exchanged or reimbursed totally or partially by OMBRELLE.
In all cases, OMBRELLE cannot be held responsible for the non-respect of the regulatory and legislative provisions in force in the country of reception.
The Customer may contact the customer service by email firstname.lastname@example.org
Article 10. Dispute resolution and applicable law
These GTCs are governed by French law.
Any dispute relating to these GTCs shall be submitted to the French jurisdiction with material and territorial competence.
In application of articles L.612-1 et seq. of the Consumer Code, on condition that you have previously sent a written complaint to OMBRELLE, you have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between you and OMBRELLE. You can send this prior complaint by post to OMBRELLE, Cité de la RSE, 32 Rue Pierre Paul Riquet, 31000 Toulouse or by email to email@example.com
If you fail to make a prior written complaint to OMBRELLE, but also if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is in the process of being examined by another mediator or by a court, if you submitted your request to the mediator more than one year after 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 from the interpretation or execution of the present contract which could not be resolved amicably between the Parties shall be brought before the competent courts. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Toulouse.