1. LEGAL NOTICES
The website www.oodoo-boots.com (hereinafter referred to as the “Site”) is open to all users of the Internet.
It is published by:
AMESAUVAGES S.L (hereinafter referred to as “AMESAUVAGES S.L”), a simplified joint-stock company with a capital of XX euros, whose registered office is located at PARAJE MELEJA 1 – 03130 SANTA POLA – ALICANTE – SPAIN and registered with the tax ID number: B42886358
Director of publication: Billy Lagré
Hosted by: Kinsta
The Site allows AMESAUVAGES S.L. to offer fashion products for sale (the “Products”) to Internet users browsing the Site (hereinafter referred to as the “Customer”).
Part of our Site operates on a pre-order system. By placing a pre-order, the Customer acknowledges that if the pre-order target mentioned on each pre-order product sheet is not reached by the end of the pre-order deadline, the Customer shall be refunded the full amount of the purchase, and the production of the pre-ordered item shall not begin. As production is limited, if the Customer buys a Product in stock, they acknowledge that they cannot change size after receipt. If the Customer wishes to be reimbursed for a pre-order or in-stock item and makes a request, the reimbursement procedure shall be initiated immediately after receipt of the returned item. Any order or pre-order (hereinafter referred to as the “Orders” or “Pre-orders”) of Products appearing on the Site implies that the Customer has previously consulted these general terms and conditions (the “GTC”) and unreservedly and irrevocably accepts them. Consequently, the Customer acknowledges that they are fully aware that their agreement to the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site’s shop. The Customer declares that they have the capacity to enter into this contract, i.e. that they have reached the legal age of majority, eighteen (18) years, and are not under guardianship. The parties agree that their relations shall be exclusively governed by these GTC.
AMESAUVAGES S.L reserves the right to adapt or modify these GTC at any time. It is agreed that, in the event of any modifications, the version of the GTC applicable to any Order or Pre-order shall be the version appearing online on the Site on the day the Order is placed.
These general terms and conditions of sale (hereinafter referred to as referred to as the “GTC”) apply to any Order placed on the website www.oodoo-boots.com (the “Site”) concerning the purchase of products presented on the Site (hereinafter referred to as referred to as the “Products”) by AMESAUVAGES S.L. AMESAUVAGES S.L. reserves the right to adapt or modify these GTC at any time, with the version of the GTC applicable to any transaction being the version appearing online on the Site www.oodoo-boots.com at the time of the Order.
Any Order-taking of a Product appearing in the online shop of the Site implies that the Customer has previously consulted these GTC and unreservedly and irrevocably accepts them. Consequently, the consumer acknowledges that they are perfectly aware that their agreement concerning the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site’s shop. The consumer declares that they have the capacity to enter into this contract, i.e. that they have reached the legal age of majority, eighteen (18) years, and are not under guardianship.
In accordance with article L. 111-1 of the French Consumer Code, AMESAUVAGES S.L presents on the Site the Products for sale and their characteristics. The Customer has the possibility of finding out, before the final Order is taken, the essential characteristics of the Products they wish to purchase.
The offers in stock presented by AMESAUVAGES S.L. are only valid within the limits of available stocks.
The Pre-order offers presented by AMESAUVAGES S.L. are only valid within the limits of the time available and the quantity offered for pre-order.
The photos representing the Products are for information purposes only. These photos, as well as the texts illustrating the Products, are not covered by the contract.
The prices given on the Site are given in euros including VAT and are only valid on the date the Customer confirms the Order. AMESAUVAGES S.L. reserves the right to modify them, without prior notice, at any time, it being understood that the Products shall be invoiced based on the prices applicable at the time the Order or Pre-order is registered.
Prices do not include delivery charges, which are invoiced in addition and given before the Order or Pre-order is confirmed. The prices take into account the VAT applicable on the day of the Order or Pre-order and any change in the applicable VAT rate shall automatically be reflected in the price of the Products listed on the Site. Payment of the full price must be made at the time of the Order or Pre-order. At no time may the sums paid be considered as a deposit or advance payment. These prices are guaranteed subject to typographical or printing errors.
The price of Products shipped outside the European Union and French overseas REGIONS and territories shall be calculated exclusive of VAT. In this case, the Customer is considered to be the importer of the Products. If customs duties, import taxes or other taxes are payable due to the geographical destination of the Products, these costs shall be borne by the Customer, who is advised to perform the necessary checks and procedures prior to approving the Order.
The Products are payable in euros on the actual Order date. To pay for the Order, the Customer may use only one method of payment, i.e:
Bank card. For payments by credit card, the Customer shall communicate their credit card number, along with its expiry date, as well as the digits of the cryptogram on the back of their credit card. To ensure payments made online are secure, the Customer has access to a dedicated space provided by the payment company, which ensures the payment Order is secure and recorded and the payment itself is secure. In this respect, the Customer expressly acknowledges that the communication of their bank card number to the AMESAUVAGES S.L. through the payment company is equivalent to authorising the debiting of their account up to the amount of the Products ordered.
Accepted cards are: Visa, Mastercard and American Express.
Regardless of the means of payment used, AMESAUVAGES S.L. shall bear the occasional bank charges incurred by the payment, within the limit of the management charges invoiced by the payment company. All payments shall be made by credit card. Any other charges, for whatever reason, shall be invoiced to the Customer.
AMESAUVAGES S.L. reserves the right to suspend or cancel any Order or Pre-order and any delivery if officially accredited bodies refuse to authorise payment by bank card or in the event of non-payment. In particular, AMESAUVAGES S.L reserves the right to refuse to make a delivery or to honour an Order or Pre-order from a Customer who has not paid in full or in part for a previous Order or with whom a payment dispute is ongoing.
The goods delivered shall remain the property of AMESAUVAGES S.L. until receipt of payment. The transfer of risks to the Customer takes place on delivery of the Products.
The computerised registers, kept in the computer systems of AMESAUVAGES S.L. under reasonable security conditions, shall be considered proof of the communications, Orders and payments made between the parties. Order forms and invoices shall be archived on a reliable and durable medium that may be produced as proof.
5. ORDERING AND PRE-ORDERING
Any Order or Pre-order shall be confirmed when the Customer clicks on the “Place my order” button.
Confirmation of the Order or Pre-order implies that the Customer accepts the GTC and the essential characteristics of the Products.
As soon as the Order or Pre-order is registered, a summary confirmation email (with details of the Products, price, availability of the Products and quantity etc.) shall be sent to the Customer by AMESAUVAGES S.L. To this end, the Customer formally accepts the use of email for AMESAUVAGES S.L. to confirm the content of their Order. In any event, invoices shall be issued on delivery.
In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum target of a Pre-order campaign is not reached, AMESAUVAGES S.L. shall contact the Customer at the end of the campaign to announce its decision to refund or produce.
In this case, AMESAUVAGES S.L. shall proceed to reimburse the Customer within fourteen (14) days of the cancellation of the Pre-order.
If the Product is in stock, the Order shall be executed at the latest up to seven days after the day following the day on which the Customer placed the Order. If the Product ordered is unavailable, in particular due to suppliers, the Customer shall be informed as soon as possible and shall be given the opportunity to cancel the Order. The Customer shall then have the option of requesting an exchange of the Product within fifteen (15) days of receipt or a refund.
The refund shall be made at the latest within fourteen (14) days of the cancellation of the Order.
6.1 Place of delivery
Delivery shall be made to the delivery address provided by the Customer, it being specified that this must be the Customer’s home address or that of any other natural person of their choice, if this is clearly specified at the time of the Order or Pre-order. Delivery may not be made to hotels or post office boxes.
When the Customer registers their personal details, they must ensure that the compulsory data they provide is accurate and complete. In the event of an error in the wording of the addressee’s details, AMESAUVAGES S.L shall not be held responsible if the Product(s) cannot be delivered.
6.2 Delivery times
Delivery times are indicated at the time of the Order. These are indicative times, expressed in working days and correspond to average processing and delivery times.
The Customer acknowledges that, in the case of a Pre-order, the delivery time shall be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the Order confirmation email. The delivery time depends on the time required and the production volume of all the pre-ordered Products.
AMESAUVAGES S.L. shall not be held responsible for the consequences of a delay in delivery that is not its fault or that is due to an act of force majeure.
6.3 Receipt of Products
Delivery is deemed to have taken place as soon as the Products are handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.
On receipt of the Products, the Customer MUST check the condition of the packaging of the goods and report any damage to the carrier on the delivery note, as well as to AMESAUVAGES S.L, within three (3) days by emailing email@example.com or emailing via the contact form on our Site.
The Customer may, at their request, have an invoice sent to the billing address rather than to the delivery address.
Delivery costs are payable by the Customer in France and in the world. The return costs shall be borne by AMESAUVAGES S.L. in the event of cancellation or in the event of return due to non-compliance, except when the delivery address is not located in France. We shall be responsible for the cost of returning goods to France if necessary, but our international Customers shall be responsible for the cost of returning goods, except in the event of non-compliance of a Product, in which case we shall be responsible for the cost of return postage.
7. LEGAL GUARANTEE
AMESAUVAGES S.L. shall be liable for non-compliance existing at the time of delivery of the Product under the conditions of articles L. 217-4 et seq. of the Consumer Code.
When acting under the legal guarantee of compliance, the Customer:
– has a period of two years from the delivery of the Product to act;
– may choose between repairing or replacing the item; in accordance with article L. 211-19 of the Consumer Code, AMESAUVAGES S.L. may not, however, proceed according to the Customer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the item or the significance of the defect. In this case, it must proceed, unless this is impossible, according to the method not chosen by the Customer; and
– is exempted from proving the existence of the non-compliance of the goods during the twenty-four months following the delivery of the goods.
This legal guarantee of compliance applies regardless of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code, which render it unfit for its intended use, or which diminish this use such that the buyer would not have bought it, or would have paid a lower price for it, had they been aware of them. In this case, the buyer may opt for the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
The action resulting from redhibitory defects must be brought by the Customer within two years of the discovery of the defect.
8. RIGHT OF CANCELLATION
Pursuant to articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) clear days from the Order delivery date to exercise their right to cancel the Order.
This period shall run from the date the Customer receives the Products.
The Customer must enclose with their request for cancellation a copy of the invoice or any other element enabling the Order in question to be identified, and its holder.
Only the Customer identified as such to Otoktone may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (e.g. in case of a gift).
9. RETURNS AND REFUNDS POLICY
Any exchanges or returns must be declared by the Customer to AMESAUVAGES S.L, via the contact form on the Site. Printed cancellation forms shall be delivered in each package delivered to the Customer.
Products must be returned by the Customer no later than fourteen (14) days after the communication of their decision to cancel the Order.
Products must be returned by the Customer in their original packaging or any equivalent packaging and in perfect condition (unworn and unwashed so that they can be remarketed), to request an exchange, refund or credit note without a penalty.
If the packaging is lost or damaged during the return of Products, the cost of the damage is payable by the Customer.
Products that are not returned in line with the above GTC shall not be refunded or exchanged by AMESAUVAGES S.L.
The return address is:
AMESAUVAGES S.L – PARAJE MELEJA 1 – 03130 SANTA POLA – ALICANTE – SPAIN
In accordance with article L. 221-24 of the French Commercial Code, Otoktone undertakes to reimburse the sums collected for the Order or Pre-order within fourteen (14) days. This period shall start on the earlier of the following two dates: (i) Otoktone’s receipt of the returned Products or (ii) AMESAUVAGES S.L’s receipt of proof of shipment of the Products by the Customer.
The refund shall be made by crediting the Customer’s bank account corresponding to the bank card used to pay for the Order or Pre-order. If you have changed your bank account, remember to give your new bank details to your previous bank.
10. APPLICABLE LAW
These GTC are subject to French law. In the event of a dispute or claim, the Customer shall first contact AMESAUVAGES S.L. to reach an amicable solution.
The Customer is advised that any consumer may have recourse free of charge to a consumer ombudsman for the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in connection with the performance of a sale contract or services contract.
You can either contact a consumer ombudsman from the list on the consumer mediation website (click here) or fill in the automated complaint form to contact a dispute resolution body. (Click here.)
The request cannot be accepted by the consumer ombudsman if:
1. The Customer fails to provide proof that they have tried, beforehand, to resolve the dispute directly with Otoktone by means of a written complaint in the manner provided for;
2. The request is manifestly unfounded or inappropriate;
3. The dispute has been previously examined or is being examined by another ombudsman or by a court;
4. The consumer has submitted their request to the ombudsman within a period of more than one year from the date of their written complaint to Otoktone; or
5. The dispute does not fall within its jurisdiction.
The ombudsman shall inform the consumer, within three weeks of receipt of their file, of the dismissal of their mediation request.
In the absence of mediation, the courts having jurisdiction over the company’s registered office shall have jurisdiction.
11. REFERRAL SCHEME
Eligibility: our referral scheme is open to Otoktone Customers who have a Customer account and have placed at least one Order on our Site.
Duration of the referral programme: you can start referring your friends or family from 13 September 2019, and this offer shall remain active until we stop.
The unique code can only be used for personal, non-commercial use. This means that you can share your code with your friends on social media if you are the primary owner of the content in question. However, any public distribution on a site where you are a contributor and not the primary owner of the content (e.g. Wikipedia or a couponing site) is prohibited. Promoting your referral code through a search engine (e.g. Google/Yahoo/Bing) is also prohibited.
Pools are subject to the usual Order conditions and the above GTC. Pools do not have any cash value and are not transferable.
Any attempt to manipulate the system or use the Otoktone pool through a third party or group, macro, script, brute force, IP masking, use of a fraudulent identity, or any other automated means (including any system designed to penetrate other systems), shall render void the pool in question, and may result in the account being closed.
If, for any reason, any pools become invalid due to a technical fault or any other cause beyond Otoktone’s control, we reserve the right (subject to the written provisions of any applicable law) to cancel, suspend or modify such pools, and not to issue new pools to affected Customers.
Otoktone reserves the right, whenever necessary, to take all reasonable steps to protect itself from fraud or the exchange of invalid pools, including, but not limited to, further verification of a Customer’s identity, age or other particulars.
If you participate in this referral scheme, you shall be deemed to have accepted, and be bound by, these GTC.
The organiser: AMESAUVAGES S.L
12. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
To provide the services offered on the Site, AMESAUVAGES S.L. may be required to process personal data about you, in particular the data collected at the time of your registration on the Site or the placing of your Order.
The information and data concerning the Customer are strictly necessary for the management of Orders, the execution and follow-up of commercial relations, as well as for internal statistical purposes. This data may be passed on to companies involved in these relations (such as those responsible for the execution of services and Orders) for their management, execution, processing and payment. This data is also kept for the purposes of security and identification and the improvement and personalisation of services.
The Customer is entitled to access, rectify and object to any personal data about them at any time, in accordance with the conditions of the law of 6 January 1978. To do so, they simply need to email firstname.lastname@example.org and the necessary steps shall be taken immediately.
The Customer may receive, from AMESAUVAGES S.L, offers relating to Products or services similar to those already ordered, or newsletters. The Customer shall have the option at any time of objecting to this at no cost in the future, in accordance with the terms and conditions specified in each mailing.