Olly SAS Terms and Conditions

General terms and conditions of sale

On 03/01/2017 ​


1. THE PREAMBLE The present general conditions of sale are intended to define the rights and obligations of OLLY and of the Client of products presented by OLLY (hereafter "the Site"). They apply exclusively between the company "OLLY", 34 rue Emmanuel Sarty, 92140 Clamart, Siret: 820 916 658 (hereafter "OLLY") and any consumer who is a natural person visiting or making a purchase via the said Site (hereafter "the Customer"). All orders on the Site are subject to these general terms and conditions of sale. These are subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These modifications are published online and are deemed to be accepted without reservation by any visitor who accesses the Site after they are put online. The present general terms and conditions of sale are subject to French law, unless otherwise stipulated by imperative provisions such as those arising from the Rome Convention on the law applicable to contractual obligations of 19 June 1980. ​


2. THE CUSTOMER The Customer of the Site must be a consumer, a natural person of full age and legally capable or have parental authorisation to place an order on the Site. The Customer must, when placing an order, fill out an order form specifying certain mandatory fields so that his order of products can be taken into account by OLLY. The information communicated to OLLY in the context of each of its orders must be complete, accurate and up to date. OLLY may, if necessary, ask the Customer for confirmation - by any means - of this information and of his identity. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose repetition would be illicit. On the Site, OLLY collects personal data. This data is necessary for processing the order and may be communicated in whole or in part to OLLY's service providers involved in the execution of the order. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and liberties, the Customer has a right of access, modification, correction, opposition and deletion of personal data concerning him. To exercise this right, the Customer simply needs to send an e-mail to Slow Nature support.

3. THE PRODUCT The products offered for sale are those appearing on the Site on the day of the order placed by the Customer, within the limits of available stocks. However, OLLY reserves the right to withdraw products from sale at any time. Despite the care taken by OLLY to keep its Site up to date and to present and describe the products, it remains possible that non-substantial errors may appear on the Site, which the Client acknowledges and accepts. Elements such as photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Client acknowledges. The Customer is fully informed that the images, photos and colours of the items offered for sale may however not correspond to the actual colours under the effect of the Internet browser of the screen used. In any case, in the event of non-conformity of the product delivered in relation to its description on the Site, OLLY undertakes to remedy it, the consumer being able either to exercise his right of retraction or to implement OLLY's guarantee of conformity. It is possible that the Customer may receive, following an order, a part previously returned by another person. It is specified that OLLY only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back into stock. If the Products ordered are no longer available, for any reason whatsoever, OLLY will inform the customer by e-mail as soon as possible and will refund the price possibly invoiced and collected from the customer, by crediting the customer's bank card. OLLY cannot be held responsible for permanent or temporary unavailability, nor can it give rise to any right to compensation or damages in favour of the Customer. ​

4. THE ORDER

4.1. The stages The Customer may freely browse the Site without being committed to an order. The Customer will have the opportunity, before definitively validating his order, to check the details of the order and its total price, and to correct any errors, before confirming it to express his acceptance.

4 .2. Checking the order The products are intended for strictly personal use by the customer, without direct connection with his professional activity. OLLY will also have the right to refuse any order placed by a customer with whom there is a dispute concerning the payment of a previous order as well as any order that does not comply with these general terms and conditions of sale. OLLY shall in no way be held responsible towards the Client or any third party resulting from the decision to remove a Product from the Site, or from the decision to replace or modify any content or information found on the Site, or from the refusal to process an Sales Order once the Sales Order has been confirmed by means of the Sales Order confirmation e-mail. In these cases, OLLY will inform the client by telephone or by e-mail. If the client does not proceed to correct the erroneous information or information that is contrary to the present General Terms, OLLY reserves the right not to process the Sales Order.

4.3. The confirmation of the order The validation of the Sales Order shall be considered as confirmation of the client's acceptance of the General Terms, the Products purchased, their price and any associated costs. The Sales Order shall only be validated once payment has been accepted. Once the order has been validated, OLLY will send an e-mail to the Client confirming the acceptance of the order. To this end, the Client formally accepts the use of e-mail for the confirmation by OLLY of the content of his order. However, it is recommended, for orders placed on the Site, that the Client also keeps a copy (in electronic format and/or on paper) of the elements relating to his order (for example, the confirmation e-mail sent by OLLY).

4.4. Retention of title The products ordered remain the property of OLLY until full payment of the price of their order, including delivery costs. On the effective date of delivery, the risks and in particular of loss, deterioration or theft of the products ordered and delivered are assumed by the Customer.

5. PRICE & PAYMENT The prices displayed on the Site are firm and indicated in Euros and include all taxes (including VAT), excluding delivery costs. The shipping costs, participation in the order processing costs and packaging costs will be indicated in the Customer's basket, before the final validation of the order. Prices may be modified at any time, without prior notice and in particular in the event of a change in fiscal or economic data. Items will be invoiced on the basis of the rates in force at the time the order is recorded, subject to availability. Full payment must be made at the time of ordering. At no time can the sums paid be considered as a deposit or advance payment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard). Payments by cheque are not accepted. For any transaction, the Customer shall indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three or four digits). The communication by the Customer of his credit card number is equivalent to authorisation for OLLY to debit his account up to the amount of his order. No cash on delivery will be accepted for any reason whatsoever. OLLY retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by OLLY are 100% secure. For payments by credit card, all information that Customers communicate to OLLY is strictly protected and guarantees the conformity and security of each transaction. ​

6. DELIVERY OLLY delivers its products in Europe. Deliveries are carried out by the services of La Poste, from Monday to Saturday, depending on the option chosen by the Customer when validating his Order. Delivery means the transfer to the Client of physical possession of the Products (the "Delivery"). When OLLY takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Client at the time of Delivery. By exception, the risk is transferred to the Client when the Product is handed over to the carrier when the carrier is in charge of transport by the Client and not by OLLY. The Products are sent to the delivery address indicated by the Client at the time of his order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase numbers, access codes, names and/or intercom numbers, etc.). In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of his order. If the item has been shipped before receipt of the cancellation of the order due to a delay in delivery of more than 7 days, OLLY will proceed to refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels. OLLY undertakes to inform the Customer of the progress of the processing of his order. The Customer must check the good condition of the products at the time of delivery as well as the completeness of the latter. Any anomaly or missing item must be reported by the Customer who undertakes to notify the carrier and OLLY, by any means, of any reservations within 3 days of receipt of the product. In the event of missing items, OLLY will carry out an internal investigation as well as with the carrier, which may last 15 days. If within this period, the product is found, it will be dispatched without delay, at no extra cost, to the customer. If it is not found, at the end of this period the missing product will be sent to the customer again, at OLLY's expense. OLLY cannot be held responsible for the consequences due to a delay in delivery which is not due to its own fault or in case of force majeure. ​

7. THE RIGHT OF WITHDRAWAL Within thirty (30) days from receipt of the order, the Customer may ask OLLY to return or exchange the product(s), with the exception of tights which are neither exchangeable nor refundable. To exercise his right of retraction, OLLY asks the Customer to inform it by any means and, in particular, by e-mail via Slow Nature support then follow the return instructions for the order concerned. The Customer will have to specify if he wishes a refund or an exchange of the product (same product in another colour and/or a different size) subject to its availability in stock. The customer will also have the possibility to contact Slow Nature support for any further information. The return costs are the responsibility of OLLY. The risks of returns are the responsibility of the Customer. The Customer is therefore strongly encouraged to return the parcel by any means that provides proof of its dispatch and gives it a certain date (tracked letter). The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, to the following address: OLLY 34, rue Emmanuel Sarty 92140 Clamart FRANCE Any damage to the original packaging will cancel the right of withdrawal. Products returned incomplete, damaged, deteriorated or soiled because of the customer will not be refunded or exchanged. If the item is not returned by the Customer within one week after receipt of the postage label, the return is considered cancelled and the Customer must keep the product. The returned Product will be refunded within a maximum of fifteen (15) days from its receipt by OLLY, by crediting the amount to be refunded to the Customer's bank account. If the Client does not comply with these conditions, in particular the conditions of return or exchange, OLLY will not be able to refund the Products concerned.

8. WARRANTIES & LIABILITY OLLY's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of said Product. OLLY will in no way be responsible for the following losses, regardless of their origin :
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- lost data
- loss of work or management time
- image damage
- loss of luck
- moral prejudice.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of guarantees provided by law. OLLY's products sold on the Site are subject to the following legal guarantees: Article L.211-4 of the Consumer Code: "The seller is required 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 liable for defects of conformity resulting from packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. » Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must : 1° Be fit 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 seller 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 statements made by the seller, the producer or his representative, particularly in advertising or labelling ; 2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. » Article L.211-12 of the French Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the date of delivery of the goods". Article L.211-13 of the French Consumer Code: "The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by law. » Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. » Article 1648 paragraph 1e 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. » OLLY is only bound by an obligation of means and cannot be held responsible for any use of the products that does not conform to their intended purpose. The customer is the sole judge of the appropriateness and suitability of the products ordered on the Site for his needs. OLLY reserves the right to suspend the operation of the Site, to withdraw any product from sale, and to modify its general conditions. OLLY can only be held liable in the event of a fault that is exclusively attributable to it within the limit of direct damages.

9. THE INTELLECTUAL PROPERTY The intellectual property rights attached to the articles presented for sale on the Site are the exclusive property of OLLY as originating or resulting from an authorization. Any reproduction, exploitation, distribution, use, or alteration, partial or complete, for any reason or any purpose whatsoever without the prior written consent of OLLY is prohibited. ​

10. CASES OF FORCE MAJEURE In the event of the occurrence of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party. ​

11. THE COOKIES OLLY may install cookies in the client's computer, but these do not allow the client to be identified. The client may oppose this by configuring his browser to do so.

 

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See the full collection of Olly Sustainable Lingerie here.

Notice. The Purchase Agreement is concluded directly between the Seller (Olly Sustainable Lingerie) and the Buyer. Slow Nature has designed and manages an electronic commerce platform to allow to gather companies producing eco–sustainable, recyclable and other eco-friendly goods, by connecting Sellers and Buyers for the purposes of online commerce. If you have any issues with your purchase, please do not hesitate to contact Slow Nature support.

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