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USE AND TERMS

_

1. PREAMBLE 

This website is operated by Olow, a limited liability company (société à responsabilité limitée) incorporated in France with a share capital of EUR 4.000, located at 48 rue de Montmorency, 75003 Paris, France and registered with the Trade and Companies registry of Nantes under number 489 770 909 with VAT number FR 01489770909.

The company can be contacted at 02 85 37 40 60, or contact@olow.fr. Its publication managers are Valentin PORCHER and Mathieu SOROSINA. The Website host is Online.net, BP 438, 75366 Paris CEDEX 08, phone number: 01 84 13 00 00.

Please read these terms and conditions carefully before using this Website. In placing your order you accept the following General Terms and Conditions.

2. DEFINITION OF TERMS

The terms and expressions set forth below, with Capitalized terms used herein shall have the following meaning:

“Agreement”: This act, including its preamble, annexes as well as any amendment, substitution, extension or renewal of the Agreement herein according to the parties;

“All-Inclusive Price”: shall mean the Total Price plus any Delivery Charges free of taxes;

“Customer”: refers to any person, client or consumer that buys on the website www.olow.fr.

“Delivery”: shall mean the receiving of the Item by the Customer;

“Delivery Charges”: shall mean any expenses encountered by the Vendor in delivering the Order to the Customer.

“Delivery Term”: shall mean the period of time between the Order Confirmation date and the Delivery date;

“Good”: means any product available for sale on the Website;

“He/she”: refers to the Customer, consumer or client;

“His/she”: refers to the Customer, consumer or client;

“Item”: means any product that has been the subject of an Order;

“Method of Delivery”: shall mean any manner of standard or express delivery that is available on the Website at the time of the Order;

“Order”: means a demand for Goods or Services initiated by the Customer;

“Order Confirmation”: shall have the meaning defined in Section 5;

“Online Sale”: shall mean the selling of Goods and/or Services by the Vendor through the operation of the Website.Website

“Parties”: shall mean Olow and the Customer

“Price”: shall mean the unit value of a Good or Service free of taxes;

“Service”: Any service available for sale on the Website;

“Terms and Conditions”: means the General Terms and Conditions described hereinafter;

“Territory”: shall have the meaning defined in Section 4;

“Total Price”: means the aggregate price of the Goods and Services subject of an Order free of taxes;

“Vendor”: means the Olow Company;

“Website”: shall designate www.olow.fr as used by the Vendor for the purpose of selling Goods and/or Services;

Any reference to any section shall be solely regarded as being a reference to the sections herein, unless otherwise specified.

3. PURPOSE

The purpose of the Agreement is to define the rights and liabilities of the Parties in connection with the Online Sale of Goods and Services as proposed by the Vendor to the Customer.

The Vendor’s business is the selling of textile and clothing Products and accessories under the registered brand Olow or any of its affiliates.A list of all available Products is available at www.olow.fr.

In particular, the Vendor deals with the selling of Goods as described on the Web Site.

The Parties hereby agree that any picture of the goods for sale on the Website do not have any legal value and none of the pictures and designs represented on the Website are binding upon the Vendor.

4. SCOPE OF USE

The general terms and conditions of sale presented herein are strictly reserved to consumers, as defined by the legislation and case law, acting exclusively for themselves. They precise specifically the purchase order conditions, methods of payment, shipping and the returns.

With respect to sections L.111-1 and L.111-3 of the French Consumer Code, the essential features of any electronically sold Good or Service are available on the Website.

Additionally, the Customer receives information stated in sections L.121-8 and L.121-9 of the French Consumer Code before and after the Sale and notably through this Agreement.

This Agreement, as supplemented by any additional documents referred to in them and any policies or rules posted on the Website, constitute the entire agreement and understanding between the Customer and Olow with respect to the subject matter and all prior communications (oral or in writing) between the Customer and Olow.

Any consultation or use of the Site implies prior acceptance and unconditionally by the User of these Terms and Conditions contained herein on the date of consultation. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

Olow reserves the right to update or modify these Terms and Conditions at any time without prior notice on the Website. The applicable General Terms and Conditions of Sales are those in force on the Site on the date of the confirmation of the order.

Products are available for sale on the following territories: See in paragraph 10 – Exact delivery time, the list of countries delivered”.[1]

For sales ordered outside metropolitan France, the Customer shall be the importer of the Goods in question. For any Good sent outside the EU, the price shall be determined free of taxes upon the bill.

Custom duties or other local taxes or any other taxes may apply. These duties and taxes are to be paid by the Customer, who is entirely responsible as regards both declarations and payments.

5. EFFECTIVE AND TERMS

This Agreement shall come into force at the time of the Order Confirmation as defined in Section 6. The contract shall be concluded for the time needed to supply the Goods and Services ordered until the termination of any warranty or duties assumed by the Vendor.

6. ORDERING

Please follow the following instructions in order to submit an Order:

  1. Visit the Website;
  2. Follow the instructions on the Website to place your orders and especially the instructions given to create a Customer account;
  3. Fulfil the Ordering form. After extended inactivity you may encounter an automatic cancellation of the Goods you submitted. You shall start a new Order of any Good and Service you wished to order;
  4. You shall check the Goods and Services you Order, and if necessary, please identify and correct the error;
  5. Confirm the Order, the Total Price as well as the All-Inclusive Price (the “Order Confirmation”);
  6. Follow the payment Website instructions in order to pay the All-Inclusive Price.

After you have submitted an order, the Customer receives by email and without delay a confirmation of his approval of the Order.

The Customer also receives by email and without delay, a receipt of the order sent electronically, regarding as a confirmation of the order (“Order Confirmation”).

The Customer receives electronically, the confirmation that the Goods have been dispatched.

The delivery shall take place at the location indicated by the Customer at the time of the Order.

Additionally, by undertaking these different steps to Order, the Customer accepts to strictly comply with this Agreement, in accordance with section 1316-1 of the French Civil Code.

The Vendor undertakes to deliver the Goods and Services subject of the Order Confirmation. In the event that a Good ordered is unavailable, the Vendor will promptly inform the Customer about this.

However, under section L.122-1 of the French Consumer Code, the Vendor reserves the right to cancel your Order if the Order is abnormal, involves bad faith or for any other reason that is under the sole discretion of the Vendor. The Vendor also reserves the right to reject orders from any customer with whom the Vendor have an ongoing legal dispute regarding a prior order.

7. PRICE AND CONDITION OF SALE

The Price of any Good or Service for sale on the Website is indicated per item and reference or per service and reference.

At the time of the Order Confirmation, Prices shall be All-Inclusive Prices.

Any charge regarding the Website access shall be paid by the Customer.

The Vendor reserves the right to discretionarily and/or without any justification alter any offer available on the Website as well as Pricing of the Products.

8. METHODS OF PAYMENT

For France, the payment of the All-Inclusive Prices is required before an Order can be dispatched to you. The Vendor accepts the following methods of payment: Credit card, Visa, Eurocard/Mastercard.

For all countries, except France, the payment of the All-Inclusive Prices is required with Paypal platform. The client shall follow the instructions of Paypal website.

The transaction is immediately debited on the Customer’s credit card after an anti-fraud checks on him/her and the payment mechanism that he/she has provided. These checks may be required, amongst other things, to authenticate Customer identity, to validate his/her credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases.

With respect to section L.132-2 of the French Monetary and Financial Code, the commitment to pay shall be irrevocable. By purchasing the Order, the Customer further authorizes the Vendor to charge his/her credit card to the extent of the amount determined as the All-Inclusive Price.

By ordering, the Customer confirms that he/she is the owner of the credit card to debit and the name written on the credit card is his/her own. The Customer gives the sixteen numbers and the expiration date of his/her credit card, as well as the 3 CVV numbers on the back of this card

In the event that the sum due from the Customer for his/her order cannot be debited or charged for whatever reason, your order will be cancelled.

The Vendor shall implement every effort to ensure the necessary confidentiality and safety of any personal data obtained.

9. DELIVERY

9.1           Place of Delivery

The place of Delivery shall be determined by the Customer within the Territory, under sanction to refuse the Order.

The Customer is exclusively responsible for any error in the Delivery due to a lack of indication contained in the Order.

9.2           Amount of Delivery Charges

The amount of Delivery Charges depends upon the amount of the Order and upon the Method of Delivery the Customer chooses. In any case, the amount of Delivery Charges shall be indicated to you before the Order Confirmation. The Delivery Charges are free if the amount exceeds EUR 150,00.

9.3           Delivery Term

Delivery Terms are available for review on the Website. They may change depending on the availability of the Goods subject of the Order.

Delivery Terms are expressed in working days and correspond to an average time for preparing and shipping the Order to the Customer.

Delivery Terms shall begin to run at the Order Confirmation date.

9.4           Delays

In the event of delays in the Delivery, the Order is not cancelled. The Vendor shall inform the Customer by electronic mail that the delivery will take place later than what was contemplated by the Parties. You will be then entitled to decide whether to confirm or cancel your order and shall send to the Vendor a cancellation notice of the Order at contact@olow.fr.

If the Order has not been shipped yet at the time the Vendor receives the cancellation notice, the Delivery is effectively cancelled and the Customer is reimbursed of the payment he/she made, within fifteen (15) days from the receipt of the cancellation notice.

If the Order has been shipped at the time the Vendor receives cancellation notice, the Customer is still entitled to cancel the order by refusing the Delivery. The Vendor shall then reimburse the Customer of the payment he/she made, within fifteen (15) days from receipt of the returned products in the same condition as they were sent and must have their original label. The return expenses remain at the cost of the Customer.

9.5           Tracking

The Customer can follow the track progress of his/her Order on his/her account on the Website. Regarding the delivery progress, the Customer shall contact the Company to obtain a tracker number, to follow the progress.

9.6           Inspection of the Order at Delivery

The Customer shall assume the entire responsibility of inspecting the Order upon receipt.

It is up to the Customer to emit all necessary and reasonable reservations and claims to the carrier, even to refuse the package in the event the package is materially damaged at the Time of Delivery.

Reservations and claims must be addressed to the carrier within three (3) working days from the receipt of the Order by means of registered mail with acknowledgment of receipt. Additionally, the Customer shall provide the Vendor for a copy of the reservations and claims sent to the carrier.

Failure to exercise the reservations and claims right within the aforementioned period shall extinguish all rights of action against the Vendor in accordance with section L.133-3 of the French Commercial Code.

The Customer shall ensure that the delivered Goods are conforming to his/her Order. In case of non-conformity of the Goods regarding his/her Order, the Customer may inform the Vendor by email and return the Goods to the address notified in provision 1.

The Vendor shall refund or replace any defective Good cover by guarantee that is deemed to be faulty.

The sending expenses shall be paid back to the Customer based on the invoiced price or free if the Order exceeded EUR 150,00 but the return expenses will be at the Customer's expense. The reimbursement will be paid by payment to the Customer's bank account or by check addressed to the Customer. If he/she chooses the substitution, the Goods will be delivered in a delay of 15 days beginning with the date of the reception of the defective Goods.

10. EXACT DELIVERY TIME

Zone

Sipping fees

Delivery term

[0kg - 0,3kg[

[0,3kg - 0,6 kg[

[0,6kg - 1kg]

France

5 €

6 €

7 €

4-6 working days

France's overseas – Group 1

7 €

10 €

15 €

6-10 working days

Europe – Group 2

7 €

9 €

13 €

4-8 working days

Europe (No U.E) – Group 3

7 €

9 €

13 €

4-6 working days

South America – Group 4

7 €

10 €

15 €

5-9 working days

North America – grouped 5

7 €

10 €

15 €

6-11 working days

Africa – group 6

7 €

10 €

15 €

6-9 working days

Oceania – group 7

7 €

10 €

15 €

6-10 working days

Asia – group 8

7 €

10 €

15 €

6-11 working days

 

Group 1: Guadeloupe, French Guyane Française, Martinique, Mayotte, New-Caledonia, Polynésie Française, Réunion, Saint-Barthélemy, Saint-Pierre-et-Miquelon, Wallis-and-Futuna

Group 2: Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Finland, Greek, Ireland, Italia, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Sweden

Group 3: Andorra, Guernsey, Iles Faroes, Island, Jersey, Liechtenstein, Monaco, Norway, Saint-Marin, Switzerland

Group 4: Argentina, Brazil, Chili

Group 5: Netherlands West Indies, Aruba, Bahamas, Curacao, Canada, Costa Rica, United States, Greenland, Caimans, Virgin British Island, United states Virgin Island

Group 6: South Africa

Group 7: Australia, Fiji, Cook Island, Indonesia, New-Zealand, Singapore

Group 8: China, South Korea, United Arab Emirates, Hong Kong, Israel, Japan, Qatar, Taiwan

11. THE RIGHT IF WITHDRAWAL

The Customer has a right of withdrawal without stating a reason within fourteen (14) days after the reception of the Good. If the delay expires on a Saturday, a Sunday or a banking holidays, it is extended until the next working day.

If the Customer exercises his right of withdrawal, he/she has to send back the Good within the above-mentioned time limit, unwashed, and include all packaging and tags as soon as possible. The Customer must complete the Annex 1 - Model withdrawal form return.

12. CLAIM 

The Customer is required to address any claims to the Seller by post or e-mail including the Reference of the Order.

Only claims regarding Online Sales will only be considered.

For any claim by electronic way, the Customer shall use the following email address: service-client@olow.fr.

13. PRIVACY

The information requested from the client is necessary to treat and execute the order. If the Customer agrees to provide individual personal data, he/she has an individual right to access, withdraw, modify, rectify and delete personal information about him/her, in the conditions set in the French Law n°78-17 of 6th January 1978 related to the protection of personal data. The Customer must submit any request to contact@olow.fr.

When the Customer creates an account on the Site, he/she will be able to choose if he/she wants to receive promotional offers from the Vendor and its partners.

14. LEGAL WARRANTY

The Goods sold on the Website comply with the regulations currently in force in France and have performance suitable with the non-professional purposes. The Vendor is subject to the following legal warranties prescribed in sections L.211-4, L.211-5 and L.211-12 from Consumer code and sections 1641 and 1648 from Civil code.

L.211-4 Consumer code:

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

L.211-5 Consumer code:

To conform to the contract, the product must:

1° Be suitable for the purpose usually associated with such a product and, if applicable:

-        correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

-        have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

L.211-12 Consumer code:

Action resulting from lack of conformity lapses two years after delivery of the product.

1641 Civil code:

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

1648 Civil code:

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.

In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity.

15. PROTECTION OF INTELLECTUAL PROPERTY

All of the content on the Website belongs to the Vendor and his partners. The Website is protected by French and international law regarding intellectual property. Any full or partial reproduction, publication, transmission or use of these contents is prohibited forbidden without written permission by Olow. All reproductions, representations, uses or modifications on any kind of supports and any part of the website content, without the explicit consent of Olow appears to constitute an act of infringement sanctioned by the Intellectual Property Code. In addition, the Vendors stay the owner of all of the page headers, images, illustrations, graphics, audio clips, video clips, and text produce.

16. ACTS OF DOG

The execution of Seller’s duties regarding the present Contract will be suspended in case of unforeseeable circumstances or act of Gods, which can delay the execution of the Contract.

The Vendor will notify the Customer the occurrence of unforeseeable circumstances or act of Gods, within seven (7) days, from the date of the event.

If the suspension of the execution of Vendor’s obligations continues for a period superior to fifteen (15) days, the Customer has the possibility to terminate the pending Order and the Vendor will proceed to the reimbursement of the Order under the provision 9.6.

17. INVALIDITY OF PROVISION

In the event that any provisions of the present contract are null and void, the remaining provisions of this Agreement shall remain valid and shall continue to bind the Parties.

18. MODIFICATION OF CONTRACT

Any amendment, cancellation or waiver of any clauses of the present contract will be available between the parties after a written and signed agreement.

19. ARCHIVAGE STORAGE

When the Contract is exceeding an amount of EUR 120,00 the Olow Company will ensure the written storage during a ten (10) year period, with effect from the conclusion of the contract until the delivery date. The Customer may demand an access to his/her Contract by email: contact@olow.fr or by letter addressed to Olow: 48 rue de Montmorency, 75003 Paris. 

20. INDEPENDENCE OF PARTIES

Neither party may make commitments in the name of or on behalf of the other. In addition, each party retains sole responsibility for its acts, allegations, commitments, services, products and personal.

21. NON-WAIVER AGREEMENTS

The fact for one of the parties not to take advantage of a breach by the other parties inthe obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.

22. NOTIFICATION

Any notification to be served in performance of the present Agreement must be served by registered letter with a request for acknowledgement of receipt to be addressed to: 48 rue de Montmorency, 75003 Paris or by email to: contact@olow.fr.

23. APPLICABLE LAWS

These Terms of Sale shall be governed by French law.

24. LANGAGES

This website is drawn up in the French and English language version. In case of doubt as to the application of the version, the French language version of this Agreement will prevail over any other language version issued by us.

25. JURISDICTION

Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the competent courts under the conditions of common laws.

26. EXTRAJUDICIAL DISPUTE SETTLEMENT

In any event, the Customer can engage a conventional mediation, especially to the mediation committee of consumption, section L.534-7 du Code de la consummation, or to the existing sectorial dispute mediation, or any alternate dispute resolution process like the conciliation in the event of a dispute.

 

ANNEX I

Information concerning the exercise of the right of withdrawal

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

 

— To [here the trader’s names, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: …………………………………………………………………………………..

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

— Ordered on (*)/received on (*): ……………………………………………………………………………………………………..

— Name of consumer(s): …………………………………………………………………………………………………………………….

— Address of consumer(s): …………………………………………………………………………………………………………………

— Signature of consumer(s) (only if this form is notified on paper): ……………………………………………………

— Date: ………………………………………………………………………………………………………………………………………………

(*)delete as appropriate

[1]Group 1: Guadeloupe, French Guyane Française, Martinique, Mayotte, New-Caledonia, Polynésie Française, Réunion, Saint-Barthélemy, Saint-Pierre-et-Miquelon, Wallis-and-Futuna

Group 2: Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Finland, Greek, Ireland, Italia, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Sweden

Group 3: Andorra, Guernsey, Iles Faroes, Island, Jersey, Liechtenstein, Monaco, Norway, Saint-Marin, Switzerland

Group 4: Argentina, Brazil, Chili

Group 5: Netherlands West Indies, Aruba, Bahamas, Curacao, Canada, Costa Rica, United States, Greenland, Caimans, Virgin British Island, United states Virgin Island

Group 6: South Africa

Group 7: Australia, Fiji, Cook Island, Indonesia, New-Zealand, Singapore

Group 8: China, South Korea, United Arab Emirates, Hong Kong, Israel, Japan, Qatar, Taiwan