GENERAL TERMS AND CONDITIONS

Registered office: AG THOMAS MÉAULLE

Telephone number: +33 1 77194327

Head of Publication: Thomas Méaulle

Hosted by: Shopify 150 Elgin Street 8th Floor Ontario K2P 1L4 Ottawa

GENERAL TERMS OF SALE FOR THE ORLOVPARIS WEBSITE – Worldwide, 2020.

The purchase of products offered for sale on the  AG THOMAS MÉAULLE Website is governed by these general terms of sale ("General Terms of Sale"). These terms shall apply to the exclusion of all other terms, particularly those applicable to sales in stores.

AG THOMAS MÉAULLE  may amend or update these General Terms of Sale at any time. You may view the applicable version of the General Terms of Sale by clicking on the corresponding link.

1 - Ordering terms and procedures

Using the ORLOV PARIS website, you may order products of the " ORLOV PARIS " brand online using the link beorlov.com or orlovparis.com or byorlov.com for deliveries to Europe only.

Hereinafter referred to as the "ORLOVPARIS Website".

For all exceptional orders, please contact us at contact@orlovparis.fr

The products are described and presented with the greatest possible accuracy, and with statement of their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.

Whenever you make an order on the ORLOVPARIS Website, you will be asked to confirm your acceptance of these General Terms of Sale as in force on the date when you make your order. For this purpose, you should check the box provided, otherwise the order cannot be made.

You must ensure that you have made the right selection before confirming your order. You are hereby informed that any order is subject to a payment obligation.

You will be sent confirmation of the order by e-mail; the e-mail contains first, the acknowledgement for registration of your order with the description of the selected ORLOVPARIS products, the quantity, price and shipment cost, the associated payment and secondly, the General Terms of Sale in the version accepted by you, all of the foregoing constituting evidence of the order and of the contract entered into between us.

Unless proven otherwise, the data recorded by AG THOMAS MÉAULLE constitutes evidence of all the transactions entered into between AG THOMAS MÉAULLE and its customers.

An order's status can be viewed at any time on your customer account accessible from the ORLOVPARIS Website, with access reserved by a customer-chosen password. The information and data supplied by the customer may be modified at any time by the customer, who may also access information concerning any earlier orders.

2 – Availability

Product offers remain valid for as long as they are visible on the website, subject to availability of stock. Should a product become unavailable after you make an order, we shall inform you of the fact as soon as possible by e-mail or by telephone, giving you the choice of either ordering another article displayed on the ORLOVPARIS Website or cancelling your order. If you decide to cancel your order, you will be refunded immediately if your bank account has been debited.

All orders made on the ORLOVPARIS Website are reserved for private individuals and for "end-purchaser" businesses. The resale or distribution of ORLOVPARIS products purchased on the ORLOVPARIS Website is strictly prohibited. AG THOMAS MÉAULLE  is a retailer, and it is not its business to sell in large quantities the products offered for sale. Consequently, AG THOMAS MÉAULLE  reserves the right to limit the quantity of products ordered or to reject orders for large quantities of a given product, pursuant to the provisions applicable in such respect, with particular reference to Article L.122-1 of the French Consumer Code.

AG THOMAS MÉAULLE  reserves the right to change, at any time and without notice, the products offered for sale on the ORLOVPARIS Website.

3 – Price

The prices of ORLOVPARIS products are shown in EUR for Euro shop and international shop. Prices are shown inclusive of tax and excluding handling and shipping costs.

AG THOMAS MÉAULLE  reserves the right to change, at any time and without notice, the prices of products offered for sale on the ORLOVPARIS Website. Products are invoiced based on the prices shown on the ORLOVPARIS Website at the time when you make your order, subject to availability of the products ordered at that time.

AG THOMAS MÉAULLE reserves title to all products until full collection of the price by ORLOV PARIS. However, you shall assume all risks (particularly of theft, loss or damage) inherent in the products delivered, as from the effective date of delivery.

Apart from the cases of refund provided hereinafter, AG THOMAS MÉAULLE  shall not refund any sales tax charged on purchases made on the ORLOVPARIS Website (even where the purchaser, upon receipt, ships the products onwards to a third country outside the European Union).

4 – Payment

Any order made on the EUR for Euro and international online shop.

Your order is shipped only after checking your method of payment and upon receipt of authorization to charge your card or paypal account.

Your debit or credit card or paypal account will be charged only at the time when your order is shipped. Where some of the articles ordered are unavailable, only the price and shipment costs of the available products will be charged.

AG THOMAS MÉAULLE  uses SSL encryption to protect all personal data and data relating to means of payment. In all secure pages on which the URL begins with 'https://' (where the 's' stands for 'secure'), the data is encrypted and therefore protected before being transferred over the Internet.

For some orders, you may be requested to make an authenticated secure payment using the 3D Secure system (via "Verified by Visa®" or "MasterCard® SecureCode"). In this case, you must enter the personal information requested by your bank in order to finalize your payment.

Regarding LAY-BUY, you will find below their terms and conditions:

Terms & Conditions:

Layby Terms, agreements and contract

Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:

Record of Payment

  1. A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
  2. Storage and Identification of Lay-Buy Products
    Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
  3. Cancellation of Lay-Buy by Buyer
    The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
    a) The purchase price of the products; and
    b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
    c) The total amount paid under the Lay-Buy; and
    d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
  4. Cancellation of Lay-Buy by Seller
    The seller under a Lay-Buy must not cancel it unless –
    a) The buyer breaches a term of the Lay-Buy; or
    b) The seller stops trading; or
    c) The products are no longer available
  5. Cancellation on breach by Buyer
    If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
    a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
    b) Allow the buyer at least 14 days within which to rectify the breach; and
    c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
    II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
    III) must state the time within which the buyer must rectify the breach;
    IV) must state the matters listed per below:* the purchase price of the products;
    * all cancellation charges payable under the agreement; and
    * the total amount paid under the Lay-Buy;
    * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
  6. Cancellation where business closes
    If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
    (a) allow the buyer 7 days within which to complete the agreement; and
    (b) cancel the Lay-Buy
  7. Cancellation where products not available
    If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
  8. Effect of Cancellation
    Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
  9. Cancellation Charge
    Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
  10. Banking Charges back Fees
    The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
  11. Service Fee
    Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
  12. Lay-Buy Reporting
    Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
  13. Delivery
    The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
  14. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
    14.2   This Agreement may be amended only by a written instrument duly executed by all parties hereto.
    14.3   The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
    14.4   This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

5 - Fraud prevention

AG THOMAS MÉAULLE  reserves the right to cancel or reject an order placed by a customer with whom it is in dispute regarding an earlier order, or if AG THOMAS MÉAULLE  reasonably considers such customer to have breached these General Terms or engaged in fraudulent activity, or on any other legitimate grounds.

In the event of loss, theft, or any fraudulent use of your password, you undertake to notify orlovparis.com immediately.

6 – Delivery

Products purchased on the www.beorlov.com or www.orlovparis.com or byorlov.com website may be delivered worldwilde to a mailing address. 

Deliveries are subject to Colissimo costs, depending on the carrier elected. Before final confirmation of your order, the amount of shipment costs is clearly stated.

The products are shipped to the delivery address indicated by you when ordering.

In the event of more than 7 days' delay, you have the option of cancelling your order, pursuant to the statutory provisions. In this case, if you received the product after having cancelled, we shall refund you for the product and the costs of return shipment, to be effected within fourteen (14) days of our receiving that shipment, complete and in its original condition.

For security and safety reasons among others, AG THOMAS MÉAULLE will process no order for which a general delivery, post-office box, university residence or CEDEX address is supplied.

AG THOMAS MÉAULLE reserves the option of splitting deliveries. The charge to your credit or debit card will be similarly split to correspond to the prices of the products actually delivered. Shipment costs will be invoiced only for a single shipment and in accordance with the indications in your order summary.

7 - Problems with delivery

Any failure to deliver or delay in delivering beyond seven (7) days must be reported to our Customer Service Department without delay.

You must check the goods for conformity at the time of delivery and indicate – if possible on the delivery note – in the form of handwritten reservations over your signature any anomalies observed (package open, damaged product, etc.). You should then, within three (3) days from delivery (or ten (10) days from delivery if the carrier cannot provide evidence of having enabled the consumer to check the condition of the products), contact the Customer Service Department by e-mail at: contact@orlovparis.fr

8 - Cancellation, returns, exchanges, refunds

8.1 Cancellation

Once it is complete, your order is forwarded to AG THOMAS MÉAULLE for processing. You may modify or cancel the order by contacting the Customer Service Department by e-mail at contact@orlovparis.fr

8.2 Right of withdrawal (Returns, Exchanges, Refunds)

As required by applicable statutory provisions, you have 14 (fourteen) days from receipt of your products in which to exercise your right of withdrawal without having to state reasons, and without penalty. In the event of staggered partly deliveries, the right of withdrawal runs from the last delivery. A standard withdrawal form is set out hereafter. A customer may use the withdrawal form below, or exercise that right using any other medium provided it is exercised unambiguously and unequivocally.

Consumer withdrawal form pursuant to new Article R.121-1 and the Annex to the French Consumer Code

Please complete and return this form only if you wish to withdraw from your Order made on the ORLOVPARIS Website – unless exclusions or limits apply to the exercise of the right of withdrawal in accordance with the applicable General Terms of Sale – and return the form directly to contact@orlovparis.fr

 

I hereby notify to you my withdrawal from the contract relating to the sale of the goods (*) below:

Ordered on ......................................... / Received/withdrawn on ......................................... (*)

Order number: ..................................................................................

Name(s) of consumer(s): ..................................................................................

Address(es) of consumer(s): ..................................................................................

Signature(s) of consumer(s) (only in the event of notification of this form in paper version):

Date: .........................................

(*) Cross out the items that do not apply.

In the event of the right of withdrawal being exercised within the above-mentioned time limit, the price of the goods purchased and the shipment costs shall be refunded in full; costs of returning the goods remain payable by you. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be re-marketed new, and returns must enclose a copy of the purchase invoice to optimize processing.

Pursuant to applicable regulations, the right of withdrawal cannot be exercised for products unsealed by the customer or products with customized marking added at your request.

You may return any product ordered on the ORLOVPARIS Website for an exchange request or for refund on the terms applying to a delay of more than 7 days from the indicative delivery date or for the right of withdrawal. Refunds on returned products are made within fourteen (14) calendar days from the date when we receive the products returned by you.

For a return request, please complete and send the withdrawal form above to contact@orlovparis.fr .This will enable our Customer Service Department to contact you and give you instructions on how to proceed.

Pursuant to statutory provisions, the right of withdrawal does not apply to consumable products that have been opened and/or used, products of which foil or other seals have been opened, or to products or their packaging which are damaged, thus precluding their re-sale.

For legal reasons in connection with transport, the return of these products, which contain alcohol, is subject to a special procedure. The following conditions apply to the return of perfumes:

  • The product must not be opened, and must be returned in its original packaging (wrapped in the transparent film).

  • In the case of a product returned because it is defective or damaged during outward shipment, the customer must ensure that the bottle is still leak-tight (otherwise, please contact our Customer Service Department).

 

You may then return your parcel by carrier to the following address: ORLOV PARIS/AG THOMAS MÉAULLE, 5 rue Quentin Bauchart 75008 Paris

 

In the case of an exchange (excluding any product received as a gift):

  • if the replacement product(s) selected is/are higher in value than the amount of the product(s) returned, you must pay the difference in price in accordance with these General Terms of Sale.

  • if the replacement product(s) selected has/have a lower value than the amount of the product(s) returned, AG THOMAS MÉAULLE will refund you the difference in price in accordance with these General Terms of Sale, except for gift orders.

In the case of an exchange, the shipment costs for the first delivery shall be refunded, but the shipment costs for the second delivery shall be invoiced.

The products must be returned as indicated in the previous paragraph. AG THOMAS MÉAULLE will make the refund within fourteen (14) ordinary working days of receipt of the returned products, by crediting your credit or debit card.

We make no refund, even in part, if you have received the product as a gift.

8.3 Refund process

We receive payments over the internet and issue refunds through our partner Stripe. Stripe is an American financial services company headquartered in San Francisco, California, United States. The company allows businesses to receive payments over the Internet.

Stripe
510 Townsend Street
San Francisco, CA 94103, États-Unis

Refunds can be sent back only to the original payment method used in a charge. It’s not possible to send a refund to a different destination (e.g., another card or bank account).

Refunds to expired or canceled cards are handled by the customer’s card issuer and, in most cases, credited to the customer’s replacement card. If no replacement exists, the card issuer usually delivers the refund to the customer using an alternate method (e.g., check or bank account deposit). In rare cases, a refund back to a card may fail.

A refund can fail if the customer’s bank or card issuer has been unable to process it correctly (e.g., a closed bank account or a problem with the card). The bank returns the refunded amount to Stripe and Stripe send it back to our account balance. This process can take up to 30 days from the post date. In the rare instance that a refund fails, we will arrange an alternative way of providing the customer with a refund (wire transfer).

Tracing a refund

Once we initiate a refund, Stripe submits refund requests to our customer’s bank or card issuer. Our customer sees the refund as a credit approximately 5-10 business days later, depending upon the bank.

A customer may contact us if they don’t see the refund. A refund may not be visible to the customer for several reasons:

  • Refunds issued shortly after the original charge appear in the form of a reversal instead of a refund. In the case of a reversal, the original charge drops off the customer’s statement, and a separate credit is not issued.

  • Refunds can fail if the customer’s bank or card issuer has been unable to process it correctly. The bank returns the refunded amount to Stripe and Stripe add it back to our account balance. This process can take up to 30 days from requesting the refund.

When a customer is asking about a refund, it can be helpful for him to ask the Acquirer Reference Number (ARN) corresponding to the refund. An ARN is a unique number assigned to a card transaction as it moves through the payment flow. The customer can then take the ARN to his bank, which will be able to provide more information about when the refund will be available.

ARNs are available under the following conditions:

  • They are only supported for Visa and Mastercard transactions.

  • It takes 1-3 business days after initiating the refund to receive the ARN from downstream banking partners.

  • An ARN is not available in the case of a reversal, since the original charge is not processed.

9 - Statutory warranties, exclusions from warranty

Pursuant to the applicable statutory provisions, we will refund you for or exchange products that are defective, non-conforming or do not correspond to your order.

Products sold on the orlovparis.com website are subject to the statutory warranties under Articles L 211-4, L 211-5 and L 211-12 of the French Civil Code and by Articles 1641 and 1648 of the French Civil Code:

Article 1641 of the Civil Code - The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648 of the Civil Code - An action resulting from vitiating defects must be brought by the purchaser within two years of the discovery of such defect. In the case provided in Article 1642-1, the purchaser must bring the action, under penalty of debarment, within the year which follows the date on which the seller can be discharged from visible defects or lack of conformity.

Article L211 -4 of the Consumer Code - The seller is required to deliver a product which conforms to the contract and he is liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility.

Article L211 -5 of the Consumer Code - To conform to the contract, the product must:

  • be suitable for the purpose usually associated with such a product and, if applicable:

  • correspond to the description given by the seller and have the features that the seller presented to the purchaser in the form of a sample or model;

  • have the features that a purchaser might reasonably expect it to have in consideration of the public statements made by the seller, the producer or its representative, including advertising and labeling;

  • or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser which was made known to the seller and which the latter agreed to.

Article L211-12 of the Consumer Code - Action resulting from lack of conformity lapses two years after delivery of the product.

10 - Intellectual property

The ORLOVPARIS Website is protected by copyright. The use of any part or all of the Site, particularly by download, copy, transmission or representation on any media and by any process for any purposes other than the user’s own private use for non-commercial purposes is strictly prohibited.

The corporate names, trademarks and distinctive signs reproduced on the ORLOVPARIS Website are also protected under trademark law. For any reproduction or representation of any part or all of the aforementioned marks or signs, the prior written permission of AG THOMAS MÉAULLE must be obtained.

Generally, any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audio-visual or photographic works and generally, any item that may be protected by an intellectual property right, that are accessible on the ORLOVPARIS Website is prohibited and constitutes infringement under Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively and strictly for the user’s own private use.

11 - Limitation of liability

AG THOMAS MÉAULLE shall in no circumstances incur liability for any direct, indirect, consequential, incidental or special damage and particularly, without limitation implied, loss of business, profits or opportunity arising from the use of the ORLOVPARIS Website.

AG THOMAS MÉAULLE shall incur no liability under these Terms where failure to fulfill its obligations is attributable to a third party even if foreseeable, to the customer or is due to an occurrence of force majeure as defined by the French courts of law, or is due to any other event that was beyond the reasonable and exclusive control of AG THOMAS MÉAULLE.

The products offered for sale are compliant with applicable French, European and US legislation and with the standards applicable in France, Europe and the United States. AG THOMAS MÉAULLE shall incur no liability in the event of a breach of the legislation of the country where the product is delivered (e.g. in the event of a ban on a product). You must personally contact the authorities locally to ascertain whether and on what conditions the products you intend to order can be imported or used.

Photographs are provided for illustration purposes. AG THOMAS MÉAULLE shall incur no liability for any error or inaccuracy in the photographs or graphic representations of the ORLOVPARIS products featured on the ORLOVPARIS Website. We advise you to refer to the description of each product to acquaint yourself with its precise characteristics.

If you have any questions regarding the products, please feel free to contact our Customer Service Department by e-mail at the contact@orlovparis.fr

Subject to applicable regulations, all texts, photographs, videos, data, notices, logos, brands, trademarks and other elements present on the Sites are supplied "as-is", and are accessible in accordance with the availability of the Site, without any warranty whether express or implied by AG THOMAS MÉAULLE. The website shall be used at web users' own risk, and on their own entire liability. In particular, the use of hypertext links may lead web users at the Site towards other servers to seek and view information; AG THOMAS MÉAULLE has no control over those other servers and cannot assume liability for any risk inherent in their content.

AG THOMAS MÉAULLE uses its best efforts to ensure the reliability of the information contained on its Sites. However, AG THOMAS MÉAULLE cannot warrant that:

  • the Site, the contents and products on offer will fully meet users' expectations;

  • the Site will operate without interruption, and will be wholly error-free, or that any such error will be remedied;

  • the Site is or will be entirely virus-free.

12 - Personal Data – List of subscribers objecting to telephone solicitation

Your personal data is collected by AG THOMAS MÉAULLE. This data is necessary for managing your order and for the commercial relations between us. This data may be transferred to companies which contribute to those relations, such as companies tasked with providing the services and executing the orders for management, performance, processing and payment purposes. This information and data is also retained for security purposes, so as to comply with legal and regulatory obligations, and to enable us to improve and customize the services we offer you, and the information we send you.

As required by the French Data Protection (know as Informatique et libertés) law of January 6, 1978, you have a right of access, rectification and objection exercisable on the personal data concerning you. For this purpose, you may simply write to us on-line at contact@orlovparis.fr or by mail at :

ORLOVPARIS/AG THOMAS MÉAULLE, 5 rue Quentin Bauchart 75008 Paris

indicating to us your last name, first name, e-mail address and mailing address. As required by applicable regulations, your request must be signed and must enclose a photocopy of an identity document bearing your signature, and must also specify the address at which the reply is to be sent to you. A reply shall be sent to you within two months of receipt of your request. Depending on the choices you made when creating or viewing your account, you may receive offers and invitations from our company. If you no longer wish to receive them, you may at any time request their discontinuance by stating your intention in your account space.

If a customer's telephone number is recorded when creating the customer account or the making of an order, we inform the customer that these telephone details will be used only for the proper performance of the customer's orders or to contact him or her to offer new services. Without prejudice to the foregoing, pursuant to statutory provisions, we hereby inform the customer that he or she may opt to be entered on the list of subscribers not wishing to receive marketing calls. A customer may also apply to be included free of charge on that list, which is a requirement for all professionals except those with which the customer has already entered into a contract.

13 - Applicable law

These General Terms of Sale shall be governed and interpreted according to the laws of France. These General Terms of Sale are written in the English language.

For any complaint or claim, our customers must first contact:

ORLOVPARIS/AG THOMAS MÉAULLE, 5 rue Quentin Bauchart 75008 Paris

We shall do our utmost to resolve amicably any disputes between us and the customer. For any disputes, the courts FRANCE shall have sole jurisdiction.

The customer is hereby informed of the possibility of recourse, in the event of a dispute, to conventional mediation or any other alternative method of dispute settlement.