Terms and Conditions of Sale
Seller's contact information is as follows :
- Oupo, Registered at the RCS of Annecy, under the number 878983766
- 42 avenue de la gare, Galerie Président - 74700 Sallanches - France
- Intracommunity VAT : FR05878983766
ARTICLE 1 - Scope of application
The present General Conditions of Sale (known as "GCS") apply, without restriction nor reserve to the whole of the sales concluded by the Salesman near nonprofessional purchasers ("the Customers or the Customer"), wishing to acquire the products offered with the sale ("the Products") by the Salesman on the site Oupi.eu.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Oupi.eu site which the customer is required to take note of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GCS are accessible at any time on the Oupi.eu site and will prevail over any other document.
The Customer declares to have taken knowledge of the present GCS and to have accepted them by notching the box envisaged for this purpose before the implementation of the procedure of order on line of the site Oupi.eu.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
ARTICLE 2 - Prices
The Products are provided at the prices in force appearing on the site Oupi.eu, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, HT and TTC.
The prices take into account possible reductions which would be granted by the Salesman on the site Oupi.eu.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of their period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is up to the Customer to select on the site Oupi.eu the Products which it wishes to order, according to the following methods :
- Add to cart.
- Add delivery and billing information.
- Choice of delivery method among the available delivery solutions.
- Payment among the available payment solutions.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the Oupi.eu site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site or via the information transmitted by email.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password, which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: email@example.com.
In the event of nonrespect of the general conditions of sale and/or of use or of a decision of the Salesman, the Oupi.eu site will have the possibility of suspending even to close or remove the account of a customer without setting in residence.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account involves the acceptance of the present general conditions of sale.
ARTICLE 4 - Terms of payment
The data of payment are exchanged in encrypted mode thanks to the protocol defined by the approved provider of payment intervening for the banking transactions carried out on the site Oupi.eu.
Payments made by the Customer shall not be considered final until the Seller has actually collected the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full or under the conditions indicated below.
The price is paid by secure payment, by credit card or Paypal. The price is payable in full by the Customer on the day the order is placed.
However, the Customer will be able, when this possibility is indicated on the site Oupi.eu, to pay according to the conditions and the schedule in several payments over a limited and defined period.
In this case, in the event of late payment and payment of the sums due by the Customer beyond the deadlines set forth above, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price, including VAT, appearing on the said invoice, shall be automatically and automatically acquired by the Vendor, without any formality or prior notice.
Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
ARTICLE 5 - Deliveries
The preparation and the forwarding of the orders is carried out from Monday to Friday in the buildings of Oupi.eu.
The Products ordered by the Customer will be delivered in Metropolitan France and in the rest of the world, except if the country or the region of destinations is not present in the list of the restricted zones on Oupi.eu
When shipping to a country other than metropolitan France or in the free trade area of the European Union, the customer is the importer of the products ordered. Customs duties or other local taxes are likely to be payable, they will be at the sole expense of the customer and are the sole responsibility of the customer.
If the order includes one or more products on pre-order or awaiting restocking as well as one or more products already available, the entire order will be put on hold and will be shipped only when all the products are available.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 30 days after the date of expedition, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.
When the Customer has taken on the responsibility of hiring a carrier of his own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is held to check the state of the delivered products. The Customer has a period of 30 days from the date of delivery to make a complaint by email to firstname.lastname@example.org, accompanied by all relevant documents (notably photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GCS.
The transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
The right of withdrawal can be exercised online, using the contact form or by sending a request to email@example.com under free and unambiguous wording, expressing the will to withdraw or in particular by mail addressed to the Seller at the postal address.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete Products are not taken back and will be held at the disposal of the customer in the buildings of Oupi.eu for a handing-over in person or a return by postal way to the customer, the expenses of return remaining with the load of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from :
- The legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order.
- The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility."
Article L217-5 of the Consumer Code
"The property conforms to the contract :
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model.
- If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good."
Article 1641 of the Civil Code.
"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention."
In order to assert his rights, the Customer shall inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective shall be made as soon as possible after the Seller has established the lack of conformity or hidden defect. This refund can be made by bank transfer.
The responsibility of the Salesman could not be committed in the following cases :
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check.
- In case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data which are collected on the site Oupi.eu are the following: Names, first names, date of birth, postal address, telephone number and e-mail address.
Within the framework of the payment of the Products proposed on the Oupi.eu site, financial data relating to the bank account or the credit card of the Customer/user are recorded, these data are at no time visible and available by the Seller, only the approved provider of payment intervening for the banking transactions carried out on the Oupi.eu site preserves them during a legal duration.
9.2 Recipients of personal data
Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :
- Transport providers.
- Payment providers.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
9.5 Security and Privacy
Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access.
9.6 Enforcement of Customer and User Rights
In application of the regulations applicable to personal data, the Customers and users of the Oupi.eu site have the following rights:
They can update or delete the data that concern them in the following way contact form or at the email address firstname.lastname@example.org.
They can delete their account by writing to the email address provided above.
They can exercise their right of access to their personal data by writing to the e-mail address indicated above.
If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the email address indicated above.
They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the email address provided above.
They may also request the portability of data held by the Seller to another provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Customer's request, reasons must be given.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The contents of the site Oupi.eu are the property of the Salesman except for the contents of which he has the rights of use and are thus protected by the French and international laws relating to the intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.
ARTICLE 11 - Applicable law - Language
The present GCS and the operations which result from it are governed and subjected to the French law.
The present GCS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint please contact the customer service at the postal or email address of the Seller indicated in the present GCS.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm
All the litigations to which the operations of purchase and sale concluded in application of the present GCS and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
Update of the present General Conditions of Sale on 16/04/2022.