Preamble and purpose
These general terms and conditions of sale (hereinafter the “GTC”) as well as the “Privacy Policy” relating to online data protection and the “Legal Notice” are applicable to the website www.omenparis.com (hereinafter the “Omen Paris Online Store”), which offers the sale of jewellery bearing the trademark “Omen Paris” (hereinafter the “Product(s)”).
The Products are sold directly on the Omen Paris Online Store by SAS Omen, a company incorporated under French law with its registered office at 67 rue Crozatier, 75012 Paris, registered with the Paris Trade and Companies Registry under number 900 283 367.
Any order or purchase of Products on the Omen Paris online shop implies full acceptance of these GTC by the Customer (hereinafter the “Customer”), which may be modified at any time. Nevertheless, the applicable conditions are those that the Customer accepts when placing an order.
On its online shop, Omen Paris offers Products for sale to non-professional Customers who have the full capacity to make this purchase, i.e. who are of legal age and are not under guardianship or curatorship.
For any question concerning an order, the Customer may contact the Omen Paris Customer Service Department: By e-mail at contact@omenparis.com.
Products, prices and availability
The Products offered for sale on the Omen Paris online shop are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). The photographs are as accurate as possible but cannot ensure a perfect similarity with the Product, particularly with regard to colours and materials.
The Customer is advised to consult the description of each Product in order to find out more about the Product concerned, particularly as regards the characteristics sought by the Customer, as the Customer is solely responsible for the choice and purchase of a Product.
The prices of the Products are those in force on the day the order is placed. All prices and sums referred to in these GTC and on the Omen Paris Online Shop are in euros, inclusive of all taxes (French VAT 20%) and exclusive of delivery costs.
The amount of the delivery costs is indicated on the Omen Paris online shop.
Omen Paris reserves the right to change its prices at any time, it being understood, however, that the price shown on the Omen Paris online shop at the time of ordering will be the only price applicable to the Customer.
The Products are offered within the limits of available stocks. However, the availability and delivery of a Product are only guaranteed by the sending of an order confirmation e-mail. Omen Paris endeavours to ensure maximum availability of the Products it markets on the Omen Paris Online Store, however, it is not in a position to guarantee permanent availability of each Product, in particular insofar as certain Products are only available in limited quantities and several Customers may be interested in the same Product simultaneously.
In the event that the Product you have ordered is out of stock, Omen Paris undertakes to inform you as soon as possible by any appropriate means and you will then have the following choice :
Remain on standby for its availability if the Product in question is likely to become available quickly. Omen Paris will then inform you in good time of its possible future delivery time.
Cancel your order. You will be reimbursed for the sums you have paid within 14 (fourteen) days of the cancellation of your order.
Ordering
All orders imply an obligation to pay.
It is received exclusively on the Omen Paris online shop after acceptance of these general terms of sale.
All orders are subject to prior acceptance by Omen Paris. It is only definitively confirmed after the Customer has received an order confirmation email giving information on the delivery date of the Product(s). The availability and delivery of the Products are therefore only guaranteed once Omen Paris has sent this confirmation email.
Product offers are valid while stocks last.
Omen Paris reserves the right to refuse to honour an order in the event that it is abnormal (in quantity and/or amount considered unusual), abusive or contrary to the provisions of the GTC. Similarly, Omen Paris shall not be held liable if the proper administrative and/or technical processing of an order on its online shop is disrupted by a virus, unauthorised human intervention or any other cause beyond the control of Omen Paris or if there is a strong presumption of fraud, or that fraud has occurred in any form whatsoever, in particular in a computerised manner, in which case Omen Paris reserves the right to interrupt or cancel the order in progress. In such cases, the Customer will be informed by e-mail of the cancellation of his order and will be reimbursed for the sums previously paid.
Refusal of orders
In accordance with the provisions of Article L.122 1 of the Consumer Code, Omen shall be entitled to refuse any order that is abnormal or placed in bad faith.
In addition, Omen shall be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
Payment
Payment for orders is made exclusively by credit card and in accordance with the terms and conditions set out in the Omen Paris online shop.
Only the types of bank card mentioned on the Omen Paris online shop are accepted.
At the time of payment, you guarantee that you are the holder and legitimate user of the payment method used on the Website. Omen Paris is not required to carry out any verification in this respect. However, if Omen Paris were to be informed, in particular through the banking security system it uses, that a means of payment would be used fraudulently, it reserves the right to refuse the order concerned.
Orders are payable in euros only.
The preparation and dispatch of the order takes place only after receipt of full payment.
Delivery and reception
The Products ordered on the Omen Paris online shop are delivered to the address indicated at the time of your order by parcel post or carrier. Delivery costs are indicated at the time of ordering and their amount depends on the Product ordered.
Omen Paris delivers the Products ordered to the delivery address given by the Customer, within the geographical areas mentioned on the Omen Paris online shop: France and the countries of the European Union. For delivery outside this zone, the Customer is invited to contact Customer Services.
As of the confirmation of the order by Omen Paris, and if the Product is in stock, the Products ordered will be shipped to the Customer within three (3) working days. This period is subject to change in the event of an event or the actions of a third party not attributable to Omen Paris.
The indicative delivery time, from the date of dispatch, is generally between 1 and 6 working days. These times are indicative and correspond to the average processing and delivery times. Omen Paris shall not be held liable for the consequences of a delay in delivery that is not of its making or due to force majeure.
Once your order has been dispatched, you will receive confirmation of the date of dispatch and the of arrival of your order is sent to you.
Unless specific manufacturing, processing, shipping and/or delivery times are required for your order (which Omen Paris will inform you of), the delivery deadline for the items ordered corresponds to the date of receipt of the Customer’s order, plus thirty (30) working days for delivery in a European Union country.
In the case of an order delivered outside mainland France, it may be subject to any taxes and customs duties that may be imposed when the package reaches its destination.
These customs duties and taxes, if any, related to the delivery of an item are the responsibility of the and are the sole responsibility of the Customer.
Omen Paris is not in a position to verify the applicable customs duties and taxes. To find out about them, we advise the Customer to check with the competent authorities in his country.
Omen Paris declines all responsibility for damage to the Products after delivery to the Customer or to any person entrusted by the Customer with receiving the order.
It is the Customer’s responsibility to ensure receipt of his/her order and to check, at the time of said receipt, without delay, the conformity of all the Products sent. Thus, it is the Customer’s responsibility to indicate, if necessary, on the delivery slip, in the form of handwritten reservations accompanied by his/her signature, any anomalies noted (open package, damaged Product, etc.). If the reservation could not be noted on the delivery slip, the customer may send the appropriate reservations to the carrier by registered letter with acknowledgement of receipt, with a copy sent to Omen Paris, within three (3) days of receipt of the package.
Any claim, reservation or dispute must be precise and written to be admissible.
Consequently, any complaint made to the Omen Paris Customer Service by telephone must be confirmed by email to contact@omenparis.com or by post to 67 rue Crozatier, 75012 Paris, in order to be valid.
Right of withdrawal and return of products
In accordance with the provisions of Articles L121 et seq. of the French Consumer Code, each Customer of the Omen Paris Online Store has a 14-day withdrawal period from the date of receipt of his or her package to return one or more items, at his or her own expense and risk, without having to justify the reason. If the period expires on a Saturday, Sunday or public holiday, the period is extended until the next working day at midnight.
It is reminded that the Customer may not exercise his right of withdrawal when the items ordered have been engraved or customised, in the sense that they have been made to his own specifications or clearly personalised, in accordance with Article L. 221-28 of the French Consumer Code.
In order to exercise his right of withdrawal, the customer must inform Omen Paris of his decision to withdraw by sending before the expiry of the 14 day period (which starts the day after the day of receipt of the Product) :
The withdrawal form in the Annex to these General Terms and Conditions of Sale,
Or any other unambiguous statement expressing its desire to withdraw, addressed to: contact@omenparis.com, 67 rue Crozatier, 75012 Paris.
If the Customer exercises his right of withdrawal on all or part of the Products ordered and received, the Products must be returned, at the latest within the aforementioned 14-day period, in perfect condition, complete (with their accessories), accompanied by their purchase invoice (or a copy in the event of a partial return), any certificates that may have been provided, any blister packs, labels, protections, stickers affixed and the original packaging (gift box, case, notices, etc.), to the address of Omen Paris.
The Customer is informed that in order for a product to be returned under his right of withdrawal, it must not have been worn. The return of Products is carried out under the Customer’s responsibility and at its expense, so that Omen Paris reserves the right to notify it that the return cannot be taken in charge if the returned item is not new, has been used, modified or shows signs of wear and tear, in accordance with the legislation in force.
We would like to point out that in the case of a return, the Customer is the sender of the parcel and is therefore responsible for any damage to the Product(s) during the return. If the product is damaged, it will be returned to him and he may be asked to refund the shipping costs. Also, given the value of the Product(s), it is recommended that the Product(s) be returned by post or courier, with tracking (e.g. Colissimo®) or registered post with acknowledgement of receipt, with insurance of a declared value corresponding to the purchase price of the Product.
As soon as the Product(s) have been received, Omen Paris undertakes to refund all sums paid corresponding to the returned Product(s), with the exception of additional costs in the event that the Customer has chosen a more expensive delivery method than the standard delivery method offered by Omen Paris. This refund shall be made using the same means of payment as that used to pay for the order.
Returns that do not comply with this policy will not be accepted and will be returned to the Customer.
In the event of a late return (beyond the 14-day period from receipt of your order), the return will be reimbursed in the form of a credit note and a fee corresponding to 10% of the amount of the order will be retained.
Responsibility
Omen Paris shall not be liable for breach of any of its obligations if the improper performance of the sale of a Product on the Omen Paris Online Store is the result of force majeure, the act or omission of the Customer, the unforeseeable and insurmountable act of a third party to the sale, or an impediment beyond the control of Omen Paris that Omen Paris could not reasonably foresee at the time of the sale of the Product to the Customer, and the consequences of which Omen Paris could not reasonably avoid or overcome.
Legal guarantees
Omen Paris guarantees that the Products delivered comply with the nature and characteristics mentioned on the Omen Paris online shop and with French legislation in force at the time of the Order.
The Products are guaranteed against defects for a period of twelve (12) months, in accordance with the conditions set out in article 1641 of the French Civil Code (latent defect) and – if applicable – article L.211-4 of the French Consumer Code, unless the defect is due to a faulty product. Code, except if the defect results from :
Abnormal or improper use of the Products. In this respect, we invite the Customer to carefully consult the maintenance advice;
Normal wear and tear or ageing ;
An accidental event or, more generally, an external cause (such as the intervention of any unauthorised third party on the Product).
Under this guarantee, the Customer may choose between the cancellation of the sale or a reduction in the price of the Product. In addition, the costs of returning the Products shall be borne entirely by the Customer.
Intellectual property
The Omen Paris brand, illustrations, logos and slogans, drawings and models appearing on the Omen Paris online shop are and will remain the exclusive property of Omen Paris. Any reproduction in whole or in part without the express prior consent of Omen Paris is strictly prohibited pursuant to articles L 335-2 and L 335-3 of the Intellectual Property Code and constitutes an infringement and an offence.
Personal data protection
Omen has built an electronic database that lists some of its clients’ personal data. When a new customer places an order on www.omenparis.com, this database will be updated with information about them, which will allow the company to better meet the customer’s expectations and facilitate the assistance services provided by the E-commerce service. This database was subject to a statement, in accordance with the provisions required by the law “IT and freedoms” n ° 78-17 of January 6 1978, modified by the law n ° 2004-801 of 6 August 2004.
Should the client consent to communicate individual data of a personal nature, they would then have the individual right of access, rectification and withdrawal provided by law and may in this respect have them deleted where the information no longer applies to them. This must be done through a request in writing to the company Omen, at the address referred to in the previous article.
While creating their online account, customers are able to choose whether they wish to receive offers from Omen, or be informed of specific operations via e-mail. Should a customer no longer desire to be on our mailing list, they may at any time make the request by clicking on an e-mail link available on emails to that effect, or by changing their account directly on www.omenparis.com.
Dire circumstances
Execution by the company Omen of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure or a fortuitous event that might delay the execution. These circumstances include but are not limited to war, riots, insurrection, social unrest, strikes of any nature and supply issues for Omen.
Should dire circumstances arise, Omen will inform the customer within seven days of their occurrence. Should this suspension continue beyond a period of fifteen days, the customer would then have the opportunity to cancel the pending order, and would then be refunded under the conditions set out in article 8 of the Terms & Conditions.
Applicable law & disputes
The present general terms and conditions of sale are subject to French law, both for the rules of substance and for the rules of form.
rules of form and substance.
In the event of a dispute or claim, the Customer shall first contact Omen Paris to obtain an amicable solution. This search for an amicable solution does not interrupt the time limits for taking legal action.
