Legal notice and general conditions

Under the terms of the article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the site olamar-paris.com the identity of the various speakers within the framework of its realization and its follow-up:

Owner : Mr Ibrahim LAMARO
Owner’s contact : contact@olamar-paris.com
Host : OVH – 2 rue Kellermann 59100 ROUBAIX, France
Contact of the host : Tel. 09 72 10 10 10

The use of the site olamar-paris.com implies the full acceptance of the general conditions of use hereafter described. These conditions of use are likely to be modified or supplemented at any time, the users of the site olamar-paris.com are thus invited to consult them regularly.

This site is normally accessible to users at all times. An interruption for technical maintenance may however be decided by Ibrahim LAMARO.

GENERAL TERMS AND CONDITIONS OF SALE

Online sale of “OLAMAR PARIS” brand products by Mr Ibrahim LAMARO

The present general conditions of sale apply between :
Mr Ibrahim LAMARO, (Trade name: OLAMAR), individual entrepreneur with headquarters at 60 rue François 1er – 75008 Paris – FRANCE, registered with the Paris Trade and Companies Register under No. 908 030 042, NAF code 4791B, Intracommunity VAT No. FR47908030042, publisher of the website www.olamar-paris.com
Hereinafter : “OLAMAR”.

And :
Any person making a purchase on the site www.olamar-paris.com
Hereafter: “The CUSTOMER”.

The CUSTOMER declares to have the capacity to conclude the present contract, i.e. to have the legal majority and not to be under guardianship. The order by the CUSTOMER implies irrevocable acceptance of these general conditions of sale. The sales contract is subject to French law.

1. Validity of offers

The offers are only addressed to consumers having a delivery address in countries where OLAMAR ensures the delivery via a transport provider.

The products presented on the site are valid while stocks last. In the event of a charge or collection of an order for an unavailable item, OLAMAR undertakes to reimburse the CUSTOMER within 20 days. OLAMAR undertakes to notify the CUSTOMER by e-mail if an unavailable item has been ordered.

2. Presentation of the products

The products offered for sale are described and presented with the greatest possible accuracy. However, OLAMAR cannot be held responsible for any errors or omissions in this presentation.

The photos representing our products have only an indicative value. These photos, as well as the texts illustrating the products, do not enter the contractual field.

OLAMAR may, due to its suppliers, deliver to CUSTOMER an item with a slightly different composition than the one described, but in any case of equal or superior quality to the item ordered.

3. Price

The prices presented on the site or the online store are :

• Excluding VAT for all CUSTOMERS (EU & Non EU)

Prices do not include a fixed contribution to shipping costs, which is the responsibility of the CUSTOMER, except in the case of a temporary or permanent promotional offer.

Prices are guaranteed subject to typographical or printing errors. They can be modified at any time, without notice and in particular in case of change of fiscal or economic data. The articles will be invoiced on the basis of the rates in force at the time of the recording of the order.

4. Terms of payment

OLAMAR accepts the following payment methods: Carte Bleue, Visa, MasterCard, VPAY American Express, Maestro, Paypal. For some countries, in addition to the above-mentioned payment methods, OLAMAR accepts specific local payment methods that will be offered to the CLIENT at the time of payment.

OLAMAR does not accept payments by check or bank transfer.

5. Reservation of Ownership

OLAMAR reserves the ownership of the goods until full payment of the price by the buyer. This right of reclamation applies to the goods as well as to their price if they have already been resold (law of May 12, 1980).

6. Acceptance of the offer

Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The validation of the order by the CUSTOMER implies acceptance of the general conditions of sale.

7. Invoice

The invoice is sent to the e-mail address indicated at the time of the order and is also available in the space “My Account” of the site. The invoice is established in accordance with the price list in effect on the day the order is placed. OLAMAR is not responsible for any typing errors.

8. Delivery & Transport

Orders placed before 1pm (Paris time) from Monday to Friday are usually shipped the same day. A same day hand delivery service is also available for any address located in the Paris area. This delay is given as an indication and cannot be respected in the following cases:

• Exceptional peak of activity (first day of sales, launch of collections, etc.)
• Public holiday in France
• Failure to receive payment from the CUSTOMER in time
• Anti-fraud verification procedure on the CLIENT’s order

The shipments are then taken in charge by a transport provider who ensures the transport to the delivery address indicated by the CUSTOMER, or the parcel relay selected by the CUSTOMER.

The delivery times indicated on our site have been communicated to us by the transport service providers and are purely indicative. Exceeding these deadlines cannot be held against OLAMAR, nor can it give rise to the cancellation of the contract or to any compensation for damages.

The CUSTOMER is responsible for the risks of transport from the moment the goods leave the warehouse. The CUSTOMER must check the condition of the packaging and the conformity of the delivered items and immediately notify OLAMAR of any anomaly. Any reservations should be noted on the delivery slip presented by the carrier and should be sent within 48 hours by e-mail to: contact@olamar-paris.com

The goods are shipped from Metropolitan France. If the country of delivery is not part of the European Union, customs duties may be payable by the CLIENT. For the vast majority of countries outside the European Union, CUSTOMERS will have to pay the customs duties directly to the carrier at the time of delivery. OLAMAR has no control over these fees, which are the sole responsibility of the CUSTOMER.

9. Returns & Right of Withdrawal

If one or more items are not suitable, the CUSTOMER has a period of 15 days from the date of delivery of the goods to exercise the right of withdrawal from his order. The date of the postmark or the date of the delivery receipt is the starting date of this period. The return or cancellation may concern all or part of the order

To do so, the CUSTOMER must go to www.olamar-paris.com and go to the contact page. He must then fill in the return form
THE CUSTOMER may also send the sample withdrawal form attached to the General Terms and Conditions of Sale, by mail, to the following address OLAMAR Paris – 60 rue François 1er – 75008 Paris, France, or by email to contact@olamar-paris.com.

OLAMAR will take care of the return shipping costs; the CUSTOMER can then download a prepaid shipping label on his account to return his package.

The conditions of return specific to each country are clearly indicated in the section “Delivery & Returns” which is present on each product page. In order to be sure that the information indicated in this section is accurate, the CUSTOMER must verify that the name of the country indicated on the top left of the site corresponds to the country where he/she wishes to be delivered. If this is not the case, the CUSTOMER must change the country of delivery and then reconsult the “Delivery & Returns” section on a product page.

Refunds will be made within a maximum of 15 working days from receipt of the returned goods by re-crediting the payment method used at the time of purchase, after checking the good condition of the article and its packaging. The damaged, returned incomplete, or soiled products will not be taken back, nor refunded. Beyond the 15 days deadline as from the delivery, the goods will not be taken back, nor refunded.

Product exchanges are also possible.

10. Obligation of the parties

If an order is accepted, OLAMAR undertakes to sell and deliver to CUSTOMER the product(s) ordered by the latter according to the terms and conditions specified above.

OLAMAR undertakes to verify that the products comply with French regulations.

The CUSTOMER agrees to provide OLAMAR with an address to which delivery can be made. The personal information (name, address, telephone number, e-mail address, etc.) collected in order to conclude the sales contract is mandatory. This information is essential for the treatment and the routing of the orders and the establishment of the invoices. Failure to provide this information will result in the non-validation of the order. In case of error in the provision of this information, OLAMAR cannot be held responsible for the impossibility of delivering the product. In this case, the CUSTOMER remains responsible for the payment. In the event of an incomplete address, the CUSTOMER will have to pay the shipping fees corresponding to the reshipment of the order.

11. Warranty

Tll our products are covered by the legal warranty, if the product has been worn under normal conditions of use, and that the maintenance advice indicated on our site has been followed.

Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in 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 has been put at his charge by the contract or has been carried out under his responsibility.

Article L211-5 of the Consumer Code
To be in conformity with the contract, the good must :

1. Be fit for the purpose usually expected of similar goods and, where appropriate :

• correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
• have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

1. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the good.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L211-10 of the Consumer Code
If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same option is available to him:

• If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month following the buyer’s complaint;
• Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is looking for.
  The resolution of the sale can not be pronounced if the lack of conformity is minor.

Article L211-11 of the Consumer Code
The application of the provisions of articles L. 211-9 and L. 211-10 is without any cost for the Buyer.
These same provisions do not prevent the allocation of damages.

Article L211-12 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 hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

12. Personal data

The collection of the CUSTOMER’s personal data is necessary to process the order. This information is strictly confidential and is intended for OLAMAR’s use only. In accordance with the French Data Protection Act of January 6, 1978, CUSTOMER has the right to access, modify, rectify, and delete any personal data concerning him/her. If the CUSTOMER wishes to exercise this right, he/she should write to OLAMAR, indicating his/her name, first name and address.

OLAMAR reserves the right to collect data on the CLIENT through the use of cookies in order to improve the personalized service intended for the Internet user.

In order to facilitate your navigation on the Site, OLAMAR uses Cookies or similar systems. These cookies offer you a better quality of service by recording information about your navigation.

These Cookies do not allow you to be individually identified and their duration is strictly limited to the duration of your navigation session.
You can refuse the recording of Cookies by adjusting the settings of Your Internet browser. However, in some cases, this may result in the deletion of all Cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. The deletion of Cookies may alter the quality of navigation on the Site, or even make it less fluid.

You may object to the storage of cookies by configuring your browser in the following manner:

For Google Chrome:

1. Choose the “Customize and Control Google Chrome” menu (the 3 small vertical dots in the upper right corner), then “Settings”.
2. Click the “Privacy & Security” tab, then “Cookies & other site data.”
3. Select the desired option with the cursor.

For Firefox:

1. Choose the “Tools”>”Options” menu.
2. Click on the “Privacy” option.

For Safari 3.x for Mac OS X :

1. Open Safari.
2. Click on the “Preferences” option.
3. Click on the “Privacy” option
4. Select “Block Cookies”.

13. Privacy Policy

The protection of your personal data is a priority. When you use our website https://www.olamar-paris.com, we may collect personal data about you. We are the sole owners of the information collected on this site. Your personal information will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent, other than what is necessary to fulfill a request and/or transaction, such as to ship an order.

14. Responsibility

OLAMAR cannot be held responsible for any inconveniences or damages related to the use of the Internet network such as a break in service, the presence of computer viruses or external intrusions or, more generally, any case qualified as force majeure by the courts.

15. Miscellaneous provisions

The invalidity or unenforceability of any provision of these general terms and conditions or of the special terms and conditions shall not affect the enforceability or validity of the remaining provisions of the general terms and conditions. This clause will then be replaced by the closest possible provision.

Neither OLAMAR nor CUSTOMER shall be held responsible in the event of non-performance of the contract due to force majeure, including but not limited to war, riot, insurrection, interruption of transportation, import problems, strikes, shortages, fire, earthquakes, storms or floods.

For any information, question or claim the CUSTOMER can send an e-mail to contact@olamar-paris.com

16. Intellectual Property

Tous les éléments du site www.olamar-paris.com sont et restent la propriété intellectuelle et exclusive de OLAMAR. Nul n’est autorisé à reproduire, exploiter, rediffuser, ou utiliser à quelque titre que ce soit, même partiellement, des éléments du site qu’ils soient logiciels, visuels ou sonores. Tout lien simple ou par hypertexte est strictement interdit sans un accord écrit exprès de OLAMAR.

17. Applicable law and competent court

The present general conditions of sale are governed exclusively by French law.
The commercial courts of Paris (France) are the only competent courts in case of litigation or dispute concerning them.

APPENDIX 1: SAMPLE WITHDRAWAL FORM
(Complete and return this form with the order number only if you wish to cancel. Please clearly state your order number).

To the attention of OLAMAR Paris – 60 rue François 1er – 75008 Paris, France
E-mail: contact@olamar-paris.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Ordered on ……………..(date of order) and/or received on ……………..(date of delivery)
Name of the consumer Customer :
Consumer Customer’s Address :
Signature of Consumer Customer (only if returned via Paper form)
Date :
For any information, you can contact the Customer Service at contact@olamar-paris.com or by phone at +33(0)6.65.28.37.71