Terms and conditions
ARTICLE 1 - SCOPE OF APPLICATION
These general conditions of sale (the “Conditions”) apply exclusively to sales concluded by OUM/POLYGENIE via its site https://www.cadeauchou.fr (the “Site”) and concern the distance selling of products. new accessories, clothing and decorative items (the “Products”).
OUM/ POLYGENIE reserves the right to modify them at any time. These Conditions are deemed known and accepted by any Customer placing an order. Unless formally and expressly waived by OUM/POLYGENIE, the Conditions take precedence over the Customer's general purchasing conditions.
ARTICLE 2 - PRICE
The prices invoiced are those indicated on the Site at the time the order is registered and are expressed in euros. They can be modified at any time.
They are 'All Taxes Included'.
The calculation of shipping costs is described on our page dedicated to delivery costs. These depend in particular on the country of delivery.
ARTICLE 3 - PAYMENT CONDITIONS
You can make your payments either by credit card or by Paypal. If paying by credit card, the amount of the order is debited at the time of ordering.
1 - Payment by credit card
Our credit card payment offer is based on Stripe's secure payment offer. All your banking information (card number, expiration date, etc.) does not pass through us. Only Stripe is authorized to do this. This solution guarantees you a high level of security.
2 - Payment by paypal
Invoices are payable without discount.
In the event of failure to pay all or part of the amount due by the due date indicated on the invoice, OUM/ POLYGENIE reserves the right to automatically demand the payment of default interest at a rate equivalent to 1.5 times the legal interest rate, in accordance with article L 441-6 of the Commercial Code. In addition, and as a penalty clause, a penalty of 15% of the unpaid sums will be due to OUM/POLYGENIE, without prejudice to any damages and interest. Failure to pay may also automatically result in the full and immediate payment of all sums due and the suspension of deliveries of orders in progress.
ARTICLE 4 - RESERVATION OF OWNERSHIP
OUM/ POLYGENIE retains ownership of the Products sold until effective and full payment of their price, increased where applicable by the aforementioned interest.
Until this date, the Customer must keep the Products as they are and will bear the risk of damage that these Products may suffer or cause for any cause whatsoever.
ARTICLE 5 - ORDER - AVAILABILITY
The Customer is considered to have placed an order and to have unreservedly accepted these Conditions once he has clicked on the “Confirm your order” button when ordering via the Site.
Completing all mandatory fields is one of the conditions for registering and validating the order. The order is taken into account when the confirmation screen is displayed and will only become final after validation by OUM/POLYGENIE by sending an email acknowledging acceptance of the Order.
OUM/POLYGENIE reserves the right not to accept the order of a Customer with whom there is a dispute, and also to suspend any order or delivery in the event of failure to pay when due any amount owed by the Customer. OUM/ POLYGENIE accepts orders while stocks last and informs of the availability of Products sold on the Site, on the information page relating to each Product.
ARTICLE 6 - DELIVERY
Delivery times are those indicated on the Site for each Product.
These deadlines begin to run from the date the order is shipped. They are given for purely indicative purposes and without obligation. If these deadlines are exceeded, the Customer will have the sole option of canceling his order or accepting a new deadline, without being able to demand a price reduction or payment of damages.
The Products are delivered to the location indicated by the Customer in the order accepted by OUM/POLYGENIE exclusively at ground level, unless expressly agreed by OUM/POLYGENIE.
Deliveries will take place from Monday to Friday between 8:00 a.m. and 6:00 p.m. without commitment to a specific time. It is his responsibility to carry out all checks, to make any reservations upon the arrival of the Products, in accordance with article L 133-3 of the Commercial Code, and to exercise, if necessary and within the regulatory deadlines, all recourse against the carrier.
In the absence of reservations expressly expressed by the Customer upon delivery or within 24 hours, the Products delivered will be deemed to conform in quantity and quality to the order. Disputes for late delivery must be made within two months following the date the package was sent.
OUM/POLYGENIE reserves the right to make partial deliveries.
ARTICLE 7 - RETURN
In the event that the Product delivered does not correspond to the Customer's expectations, the latter may make a return under the following conditions:
* The Customer has a period of fourteen clear days to exercise his right of withdrawal from receipt of the Product concerned;
* The use of the right of return is exercised freely.
* The product must be returned in perfect condition, without having been used, with all its accessories, its documentation and in its original packaging;
* Packaging and transport costs for returns and reshipping are the responsibility of the Customer unless the return is caused by a delivery error on the part of OUM/POLYGENIE, or by a Product damaged on delivery;
At the Customer's choice and after validation of OUM/POLYGENIE, the following will be carried out:
- to an exchange of the Product
- or reimbursement of the Customer
- or the issuance of a credit note.
Compliance with this procedure is for OUM/POLYGENIE, an essential condition for the validation of a return.
ARTICLE 8 - GUARANTEES
ARTICLE 9 - LIABILITY
OUM/POLYGENIE cannot be held responsible for a failure to fulfill any of its obligations in the event of a fortuitous event, force majeure (as defined in the Civil Code) or incidents or transport failures. /communication, strike, block out, ban or embargoes on exports or imports, flooding, fire or interruption of computer and telecommunications systems.
OUM/POLYGENIE is only liable for direct damage upon duly proven and exclusive fault in causing the damage. Its liability cannot be sought beyond 2 months following the occurrence of the event giving rise to it and exceed the total amount excluding tax paid by the Customer to OUM/POLYGENIE under the Order which generated its liability. OUM/POLYGENIE cannot be held responsible for any direct immaterial damage or indirect damage. All texts, images, logos and brands represented on this Site are reserved under copyright and intellectual property rights and their reproduction, even partial, is prohibited.
ARTICLE 10 - COMPUTING AND FREEDOMS
Any order placed results in the establishment of an automated file in accordance with the provisions of the “Informatique et Libertés” law of January 6, 1978 on behalf of OUM/POLYGENIE.
The collection of information is essential for order processing and invoicing. Otherwise, the order cannot be validated. A right of access, modification and rectification regarding information concerning the Customer can be exercised by the latter online in the “Your account” section or by completing a form in the “Contact us” section. This information may only be communicated to third parties if the Customer has expressly given his authorization on the Site.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
All clauses appearing in these Conditions, as well as all sales operations referred to therein, will be subject to French law.