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Terms of sale

Welcome to the site www.mon-orphee.fr published by the company ZCUBE, a simplified joint stock company (SAS) with a capital of 5000 Euros, whose registered office is located at 10b Rue du Devois de Maury 34570 Pignan under number 907840730.

Email address: bonjour@mon-orphee.fr

Intra-community VAT number: FR46907840730

The publication director of the site is Mrs. Charlotte Duval in her capacity as President.

The Site is hosted by OVH, whose head office is located at 2 rue Kellermann - 59100 Roubaix - France, a SAS company with a capital of €10,000,000, registered in the Roubaix – Tourcoing trade and companies register under number 424 761 419 00045.

Please read the General Conditions of Sale carefully, print them and keep a copy.

The User declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an Order on the Site.

Privacy of personal information is important to Orphée : please read the “Privacy Policy” page for more details.

Article 1 - Definitions

The words and expressions below preceded by a capital letter will have the following meanings:

  • "General Conditions of Sale and Use" means these general conditions of sale and use.
  • "Order" means the purchase of one or more Product(s) by a User on the Site, in accordance with the General Conditions of Sale;
  • "Account" means a strictly personal space, created by the Internet user by registering on the Site, allowing him to buy a Product.
  • "Personal Data" means all information concerning the User as a natural person that he/she will voluntarily provide when opening an Account or that Orphée will collect when browsing the Site by the User. This information, whatever its nature, directly enables Orphée to identify the User.
  • "Product" means any product offered for sale on the Site.
  • “Service” means the platform allowing access to the Site and its functionalities.
  • “Site” means the website www.mon-orphee.fr
  • "User" or "You" means the consumer or professional customer, who buys one or more Product(s) on the Site.

In this article 1, any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.

Article 2 - Purpose

The General Terms and Conditions of Sale are intended to define, worldwide, exclusively on the basis of the relationships they establish on the Internet and only on the Site, the rights and obligations of Orpheeo and the User arising from the sale in line of Products offered on the Site.

Article 3 - Order

3.1. The essential characteristics of each Product and its price appear on the Site.

The price of the Products is indicated on the Site in euros (€) all taxes included (TTC), excluding the User\'s participation in processing and shipping costs. The price applicable to the Order is that indicated on the page summarizing the contents of the basket before validation of the Order.

Orphée reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration of the Order. The Products remain the property of Orphée until full payment of the price, even in the event of collective proceedings, where applicable, by the Professional User in accordance with Articles L.624-9 et seq. of the Commercial Code.

3.2. In order to purchase a Product on the Site, the User must first create - from the Site - an Account protected by a password. The User undertakes to provide true, exact and complete information, as well as to keep it regularly updated.

Once the order has been placed by the User, an Order confirmation will appear on the screen. In addition, a summary e-mail will be sent to the User, detailing: the types, quantities, price of the Product(s) selected by the User, delivery costs, as well as the total amount of the Order, the User details, payment and delivery terms, delivery deadline and delivery address.

Thus, the User acknowledges having had communication, prior to the conclusion of the contract in a clear and understandable manner, of the General Conditions of Sale and of all the information and information concerning in particular:

  • the main characteristics of the Product ordered;
  • the identity of the seller (company name, geographical address of the head office);
  • the total price of the Products including all taxes or, when the price cannot reasonably be calculated in advance, the method of calculating the price and, if applicable, all additional costs or, when these costs cannot reasonably be be calculated in advance, the mention that these costs may be payable;
  • where applicable, the methods of payment, delivery and the methods provided for the processing of complaints, the reminder of the legal guarantee of conformity, the existence of an after-sales service.

Placing an Order requires the User to have an electronic sending and receiving mailbox in good working order. Failing this, he will not be able to place an Order. The contractual information is presented in French.

Upon receipt of the Order, Orphée reserves the right to refuse it, in particular in the event that the Product is no longer available or in the event of a manifest error in the price or quantity. When the Order is accepted, Orphée sends the User an Order confirmation to the email address provided when creating the Account. The sale will only be concluded once the Order has been confirmed.

Upon validation of the Order, it is recorded and becomes irrevocable, subject, where applicable, to the right of withdrawal in accordance with Article 6 of the General Conditions of Sale.

The Products are offered within the limits of available stocks.

In the event of Product unavailability after placing the Order, Orphée will inform the User as soon as possible. The latter may then request, at his choice, the cancellation and reimbursement of the Order, or the exchange of his Order.

If the Product offered in exchange does not suit the User, Orphée will cancel the unavailable Product from the Order, and will reimburse the User for all sums that the latter may have paid in payment for this Product.

Article 4 – Payment

Payment is made by bank card.

The card is debited at the time of the Order.

In the case of a payment by bank card (Blue, Visa), the User will enter his name, his card number, the expiry date of the latter and the cryptogram appearing on the back of the card.

The Site is subject to a security system aimed at protecting all sensitive data related to the means of payment as effectively as possible.

Bank details are transmitted only once when paying by credit card online. This transmission is carried out in a secure manner thanks to data encryption using SSL (Secure Socket Layer) technology. At any time, the User can still check whether he is on a secure page by observing the address of the page and the status bar displayed at the bottom of the browser window.

In all cases, the online provision of the bank card number and the final validation of the Order will be worth proof of the entirety of the said Order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure of the Products listed on the order form.

This validation is worth signature and express acceptance by the User of all the operations previously carried out on the Site.

By communicating the information relating to his bank card, the User authorizes Orphée to debit from his bank card the amount corresponding to the price of the Product Order, all inclusive. In the event that the debit of the price is impossible, the sale will be immediately resolved automatically and the Order will be cancelled.

The computerized registers, kept in the computer systems of Orphée and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

Orphée reserves the right to refuse any Order or any delivery in the event of a dispute with the User, total or partial non-payment of the Order or a previous Order from the same User, refusal to authorize payment by card banking of banking organizations.

For Professional Users, in the event of payment by any means other than by credit card, subject to prior written agreement with Orphée, a fixed compensation of 40 euros for recovery costs will, where applicable, be automatically due in the event of late payment without prejudice to any other possible compensation such as late payment penalties. In addition, where applicable, late payment penalties will be due from the day following the scheduled payment date appearing on the invoice. They will apply automatically, without the need for a reminder or formal notice. Their rate will be equal to the refinancing rate of the European Central Bank plus ten points. For 2013: 10.75% (0.75%+10), applied to the amount including tax of the unpaid invoice.

Article 5 – Delivery

The geographical delivery area is limited to the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.

The deadline by which the Product will be delivered to the User is indicated to the latter before validation of his Order. The delivery time may vary depending on the place of delivery.

The Products are delivered to the delivery address indicated by the User when ordering. He therefore undertakes to receive the Products he has ordered.

Any Order placed on the Site and delivered outside France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of a Product are the responsibility of the User and are his responsibility. Orphée is not required to verify and inform the User of applicable customs duties and taxes; it is up to the User to inquire with the competent authorities of his country.

The transfer of risks takes place upon delivery. Where applicable, for international sales of a Product to a professional User, the DDU standard (Incoterms 2010) is applicable.

Article 6 - Consumer User\'s right of withdrawal - Non-compliance

In accordance with the legislation in force, the consumer User has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, where applicable, return costs.

The period runs from the day after the day of receipt of the Product. In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

The price of the returned Product will be refunded to the Consumer User.

Returns should be made to the following address:Orphée – Retour Produits13 rue Saint Antoine75004 Paris

Any non-compliant Product, to be exchanged or refunded, must be returned in its packaging and packaging, and accompanied by the stub appearing at the bottom of the invoice or delivery note, to customer service.

Products returned incomplete, spoiled, damaged or soiled by the Consumer User will not be taken back or refunded.

In accordance with article L121-20-1 of the Consumer Code, any reimbursement to a Consumer User of a Product for any reason whatsoever will be made within a period less than or equal to thirty (30) days after the date of exercise of law. This reimbursement will be made at Orphée\'s option by crediting the consumer User\'s bank account or by bank check addressed to the name of the User who placed the Order and to the billing address.

Article 7 - Account Security

The User is solely responsible for keeping his password confidential, and for the actions that are carried out on his Account.

The User must not reveal the information relating to his Account to anyone or use the Account of a third party.

Article 8 - Content of the Service

The Service allows the User to access the Site, and in particular: the showcase, the store, community spaces, User support, etc.

Use of the Service is free.

The User acknowledges that the use of the Service or the Products may require the use of other products or hardware and software and that the responsibility for such hardware and software rests with the User.

The Services and the Products to which the User will have access must be used only for personal and non-commercial purposes and, with regard to the Products, in accordance with the technical prescriptions appearing in particular on the Site.

Article 9 - Modification of the Service or the Product

Orphée may, at its convenience and without prior warning, modify, add or delete functionalities of the Service or the Products offered on the Site.

Article 10 - Community services

The User is responsible for the information, messages, and, in general, for any content disseminated by him via the Community Services such as the forum or the Orphée blog..

The User accepts that Orphée deletes, in whole or in part, any content that it disseminates on the Community Services, in particular if this content is likely to infringe the laws and regulations in force or morality.

Article 11 - Intellectual Property Rights

All texts, photos, logos, graphic or sound illustrations, animated or still images, trademarks and other elements reproduced on the Site are reserved and protected by intellectual property law. Please send a message for more details to contact@mon-orphee.com.Il The User or a third party, other than for private use, is prohibited from reproducing, representing, distributing, marketing, modifying, using, granting all or part of any of the elements reproduced on the Site except after prior agreement and written by Orpheus.

Any unlawful use of all or part of the Site may give rise to legal proceedings.

The Products are also protected by exclusive intellectual and industrial property rights that the User undertakes to respect.

Article 12 - Obligations of the User

The User undertakes in particular not to practice any of the following prohibited activities:

  • Impersonate when creating their Account or when accessing the Site and/or the Services and in particular attempting to use or access the Service via an Account over which they have no rights.
  • Use the Service and/or the Site in such a way as to cause deterioration, interruption, a drop in performance or damage its operation.
  • Take actions that may or could cause an unreasonable or disproportionate increase in the load on the Site\'s infrastructure.

The User undertakes to present, at Orphée\'s request, an invoice justifying his purchase of the Product. In the event of non-presentation of this invoice by the User, Orphée authorizes itself to suspend the connectivity of said Product to the associated Service operated by Orphée.

Article 13 - Liability

The Products offered on the Site comply with the French and Community legislation in force. Orphée cannot be held liable in the event of non-compliance with the specific legislation of a country other than France where the Product is delivered. It is up to the User, if necessary, to check with the local authorities the possibilities of importing or using the Product that he plans to order.

A minimal variation between the photograph of a Product and the product concerned not relating to essential characteristics cannot engage the responsibility of Orphée.

The Site is accessible 7 days a week and 24 hours a day, subject to its closure for maintenance or repair or in the event of force majeure or any event beyond the control of Orphée.

The User accepts the limitations of the Internet and electronic means of communication. Orphée cannot be held responsible for any unavailability of the Site, or any difficulty in connecting or interrupting the connection during the User\'s visit to the Site or when placing an Order.

Orphée can not be held responsible for the non-performance of the contract concluded in the event of fortuitous event, force majeure, disruption or total or partial strike of the means of communication or telecommunications. In any event, Orphée\'s liability shall be limited to the amount of the User\'s Order.

Hypertext links on the Site may refer to other sites. Orphée disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

The User expressly acknowledges that the Orphée Products do not have the function of ensuring the safety of property or persons.

The User expressly acknowledges and accepts that Orphée:

  • may temporarily and occasionally interrupt the Service in order to carry out maintenance or repair operations without this incurring Orphée\'s liability in any way.
  • cannot under any circumstances be held responsible for any harm whatsoever, whether caused directly or indirectly by its Products or services.
  • can in no way be held responsible for damages and loss of data suffered by the User. It is therefore up to the User to take all appropriate measures to protect their own data or software from the contamination of their equipment by any viruses circulating on the Internet network.

Article 14 - Warranties

The Products for sale on the Site benefit from the legal guarantee of conformity for the consumer User (L.211-1 and following of the Consumer Code) and the guarantee against hidden defects for any User (articles 1641 and following of the Civil Code), allowing the User to return the Products delivered defective or non-compliant.

This warranty does not cover: (a) consumable parts, such as batteries or protective films that wear down over time, except where failure occurs due to a defect in material or workmanship; (b) cosmetic defects, including, but not limited to, scratches, dents or defects in the protective plastics of the connection ports; (c) damage caused by use with another product; (d) damage caused by accident, abuse, misuse, contact with liquid, fire, earthquake or any other external cause; (e) damage caused by the operation of the Orphée Product for uses other than those described in the user manual, technical specifications or other recommendations published for this Orphée Product ; (f) damage caused by maintenance (including upgrades and expansions) performed by anyone who does not represent Orphée ; (g) a Orphée Product that has been modified to alter its functionality or capacity, without the written permission of Orphée; (h) defects caused by normal wear and tear or otherwise due to normal aging of the Orphée Product ; (i) if serial number Orphée has been altered or deleted from Product Orphée or (j) if the product has been stolen or if Orphée reasonably believes that the product has been stolen based on information provided by law enforcement authorities.

Article L.211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L.211-5 of the Consumer Code: "To comply with the contract, the good must: 1) Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by its representative, in particular in advertising or labeling; the latter accepted. »

Article L.211-7 of the Consumer Code: “The defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »

Article L211-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »

Article L.211-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »

Article L.211-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer\'s complaint;2 ° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use it recherche.La rescission of the sale cannot however be pronounced if the lack of conformity is minor. »

Article L.211-11 of the Consumer Code: “The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »

Article L.211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »

Article 1648 al.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. »

Article 15 - Modifications to the General Conditions of Sale

Orphée reserves the right to modify all or part of the General Conditions of Sale without notice. The User acknowledges having read, at the time of placing the Order, the General Conditions of Sale and expressly declares to accept them without reservation.

In the event of modification, the User\'s Order remains governed by the General Conditions of Sale which were online and were accepted on the day the said Order was placed.

These General Conditions of Sale shall prevail, where applicable, over any other conditions having the same purpose appearing in any document, except for special conditions agreed with the User.

Article 16 - Applicable law - Competent courts

The General Conditions of Sale are governed by French law. The Site complies with French law, and in no case Orphée does not give any guarantee of compliance with any other local legislation that may be applicable, when the User accesses the Site from other countries.

Any dispute resulting from the General Conditions of Sale and/or a Product Order will fall under the exclusive jurisdiction of the French courts, according to the rules of jurisdiction of the Code of Civil Procedure.

Jurisdiction for disputes concerning Professional Users is granted to the Commercial Court of Paris, notwithstanding incidental claim, multiple defendants or warranty claim.

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