Article 1: PREAMBLE
Welcome to our website www.odabaia.com
The company Ôdabaïa is formed under SARL (Company with Limited Liabilities), with the capital of 55,000 euros.
This site is operated by and the goods you purchase will be supplied by Ôdabaïa ("we"). We have registered office at 15 Rue Marechal Joffre 06000 NICE (France). Registered in the NICE Trade Register under number RCS 820 100 998. Our VAT number is: FR 50820100998
Company official e-mail address is firstname.lastname@example.org
Company contact number is +33 (0) 9 88 38 08 44
Article 2: CUSTOMER SERVICE
For, any customer service related information or queries on www.odabaia.com can reach us directly through mail or chat live from Monday to Sunday between 9.00 a.m. to 7.00 p.m.: email@example.com, if you prefer you can also write a letter to our postal address: ÔDABAÏA, 15 Rue marechal Joffre 06000 Nice - FRANCE.
Article 3: OBJECT
Main objective of these general terms and conditions are to define the rights and obligation of the both parties “Buyer” and “Seller” in the event of online sale of goods offered by the seller (ÔDABAÏA) to the buyer. All these conditions apply to non-commercial physical persons. The products are for major or minor customer (Orders made by minors should be done under adult supervision and consent)
Article 4: VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE
(Law of 13 March 2000 on electronic signature): By ordering products appearing in the online shop of the site www.odabaia.com implies the prior acceptance of the present general terms and conditions of sale. By clicking 'Submit order', it implies full acceptance and you are bound by its terms and conditions.
Article 5: PRICES
All products price are indicated in Euros, all taxes have been included, except shipping cost (see paragraph mode Tariff and time for Delivery). Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order. The product remains the property of the ÔDABAÏA until full payment is done by the customer. 3 installment options available, for orders of 200€ and above without additional charges if you choose a payment by Credit / Debit card.
Article 6: ORDER AND AVAILABILITY OF PRODUCTS
The customer can place order 24/7 on our www.odabaia.com online shop. ÔDABAÏA reserves the complete right to cancel or refuse any order from a disputed customer or who can cause financial / moral risk to the company, whatsoever. The seller undertakes to honor the orders received online, only within the limit of the available stocks of the products. Non-availability of the product (s) will be informed to the buyer through e-mail ASAP as per company policy. Further, order would be cancelled automatically and the corresponding amount will be reimbursed.
Article 7: PAYMENT AND SECURITY
The following modes of payments accepted by us
- Credit Cards: VISA, MasterCard, American Express,
- SEPA Bank Transfer
- Credit Cards: VISA, MasterCard, Carte Bleue, American Express, Maestro, VPAY
- 3 X no charge from 200 € On Visa, MasterCard and Carte Bleue in France Only
- SEPA Bank Transfer
- Credit card: BanContact, Visa, MasterCard, Maestro, American Express
- SEPA Bank Transfer
- Kbc Online, ING Home pay
- Credit card: Visa, MasterCard, American Express,
- Sofort, Giropay
- SEPA Bank Transfer
- Credit card: Visa, MasterCard, American Express,
- SEPA Bank Transfer
All remaining countries
- Credit Cards: VISA, MasterCard, American Express,
- SEPA Bank Transfer
Payments are to be made in the currency indicated in your shopping cart.
All your online transaction are carried out by Stripe, the European leader in secure third party payment solutions provider, ÖDABAÏA does not have access to the credit card data (Name, Card details and etc.) The products will be shipped, once the amount is debited.
You can pay us through Paypal, it is an international payment gateway service for secure online payments and to receive payments. If you don’t have an account visit www.paypal.com follow the simple step to create an account, it is free. You are ready for an online purchase in ÖDABAÏA online store. This account could be use to make and receive payment and purchase payments internationally.
Our site focus on security system: we have adopted the SSL encryption process and we have also strengthened all the jamming and encryption processes to protect most sensitive data related to the means of payment. All credit card payments are made via the 3D SECURE protocol, which ensures optimum security. The green bar in the URL ensures that all confidential information is encrypted and cannot be read by third parties.
In addition, we hereby inform you that, as part of your order, the personal data relating in particular to your identity, your address, your personal situation, your telephone number, your email address, your credit card and Account number or the transactions or payments you make are processed by Stripe Worldwide Leader in Payment Solutions, for the execution of the contract that binds us to ÔDABAÏA, monitoring and management Fraud (definition of the levels of risks associated with transactions, detection and management of the resulting alerts), and compliance with its legal obligations under anti-money laundering and anti-money laundering legislation. Terrorism, and compilation of market analyzes, statistics, analysis of transaction data and improvements in service provided By Stripe. The collection of your personal data is mandatory for these purposes. Without this personal data, your transaction could be delayed, if not possible, and your order canceled. Please note that Stripe, whose registered office is located at Boulevard de la Woluwe 102 1200 Brussels and registered under the number 886.476.763, is responsible for the processing of this data Stripe will not disclose your personal data to third parties, except in the following two cases:
- If Stripe is legally obliged to disclose certain information or documents to the National Bank of France, from the financial information processing cell, to similar foreign authorities or, in general, to the judicial or administrative authorities or the authorities responsible of enforcement of the law. The communication of personal data to these entities will be limited to the strictly necessary or to the requirements of the applicable regulations.
- Disclosure of personal data to its affiliates, subcontractors or other parties with whom Stripe maintains a contractual relationship and who provide services / assistance to Stripe in connection with the performance of the contract between us to Stripe, the prevention and management of fraud and the financing of terrorism, and the communication of anonymous or aggregated data to third parties. Third parties who provide services / support to Stripe in fraud monitoring and management may integrate your personal data with the specific databases that they use to provide services on behalf of several merchants to prevent and to manage fraud.
In addition, we hereby inform you of the establishment of monitoring and fraud management activities in connection with your order, which means that your personal data will be subjected to further processing to start cardless payments . STRIPE is responsible for this additional processing aimed at preventing and fighting fraud, determining a level of risk and modeling the rating. In the event of fraud, your personal data may be stored in a file managed by STRIPE in order to keep track of fraud and in particular to provide information for the criteria used to evaluate the risks and the rating models used. This registration of your data can also lead to the assignment of a higher level of risk in the event of any subsequent order from a merchant belonging to the same type of industry / sector and which uses the services of STRIPE and consequently the rejection of the order.
You have the right to access, interrogate and rectify your personal data as well as a right to oppose their processing for legitimate reasons. To exercise this right, you must write to Ôdabaïa 15 Rue marechal Joffre 06000 NICE - FRANCE
Article 8: DELIVERY AND TIME LIMITS
www.odabaia.com carries out delivery of items all over the world.
In the event of incorrect entry, in particular incorrect / incomplete delivery address, the seller cannot be held responsible for the consequences in terms of delayed/ impossible to deliver at time. In this above case the client must communicate via valid e-mail address. All the expenses incurred to redirection, due to error by the customer will entirely borne by the customer.
ÔDABAÏA ships orders in 24h from Monday to Friday. If you place your order before 2 p.m., it will be shipped on the same day. If you place after 2 p.m., it will be shipped the consecutive day. Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day.
Price and delivery time can be referred on the Rates and Terms of delivery page.
The indicated by carrier’s time will be taken into account from the departure of the parcel from our premises. We decline any responsibility for extending delivery duration due to the carrier, in particular in the event of bad weather, strikes or force majeure.
In case of delayed delivery of more than 10 days, you can cancel your order. You will then be fully reimbursed within a maximum of 30 days, provided. You must return the item if you received it. The costs of return will be borne by ÔDABAÏA.
In the event of non-receipt of the package despite the status of the package visible in the delivery tracking, the customer can contact ÔDABAÏA at firstname.lastname@example.org. No order shall be compensated due to non-performance of the contract caused by either, the consumer or to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure in accordance with Article L121-20-3 of the Consumer Code. All the products leave our premises in perfect condition. The customer is obliged to inform the transporter (or the dispatch person) of any small trace of damage (holes, traces of crushing, etc.) on the package, and if necessary, to refuse the package. The exchange of any product declared, damaged during transport, cannot be taken care of. The customer must report any incident of delivery to customer service by email to email@example.com or by phone at 01.48.03.73.87.
Article 9: CUSTOMS EXPENSES
Any order placed on the site and whose delivery country / region are outside of France (metropolitan) may be subject to customs duties. These customs duties are imposed by the current regulations of the country. These taxes are the responsibility of the customer, ODABAIA is not obliged to verify and inform its customers regarding the customs duties and taxes applicable. The customer must ask the competent authorities of their country before placing the order. In case of refusal by the recipient to pay customs duties or taxes, any sums claimed and taxed for ÔDABAÏA to recover the parcel will be deducted from the principal amount on refunds to the customer. The delivery costs initially paid by the customer will also be deducted from the amount of the reimbursement and the management fee of 5 euros TTC will be applicable.
Article 10: EXCHANGE, RETURN AND REPAYMENT
In accordance with articles L.120-20, the consumer has a period of fourteen (14) calendar days to return, if the product is not suitable for the buyer. Seller has a period of 28 days from the day of receipt of the returned order. For any return request, please contact us at firstname.lastname@example.org indicating your contact details, your order number, and the references of the articles ordered. You will then be able to choose a suitable exchange the item, to have a credit note valid for 1 year or to get the full refund of the amount you paid for the item. In all three cases, ÔDABAÏA will cover the returning charge only in England, France (metropolitan), Belgium, Luxembourg and the Netherlands.
Whichever solution you choose, incomplete, damaged, soiled items are not refunded or exchanged. The items should be tested with your underwear. Similarly, returns are accepted only if the products are provided with their original label still attached, and the protective sticker that ensures the hygiene of the bottom of the swimsuit.
In this case, no refund can be demanded; the customer will remain the owner of the product that it can be sent back to his /her address at his /her expense.
Refund: If you have chosen to receive a refund, we will send you an email confirming the processing of your refund within (7) days of receipt of the returned item. The refund will be made on the payment method you used to place your order.
Exchange: If you have chosen an exchange, the customer has a maximum of 7 days to deposit the parcel for return either to the post office or to the transit point following the prepaid voucher that was delivered to him on his/her client space ÔDABAÏA. The exchange does not imply the reservation of an article. If, at the time of receipt of the return package, the item requested in exchange is no longer available in stock, the customer cannot claim it. Odabaia.com will then offer the customer another item or refund. In order to make the returns, it is necessary to replace the article in its original packaging with all the accompanying accessories and operating manuals, making sure to protect it correctly, and to return it, accompanied by forwarding slip, to the following address by post:
C/O COTE AZUR ROUTAGE
5191M - 1ERE AVENUE
ZI DE CARROS
Any order not received must be declared by the customer within a maximum period of 30 working days from the exceeding of the maximum time indicated through our mail: email@example.com. Upon receipt of the non-received order’s declaration, ÔDABAÏA will carry out an inquiry with the concerned transporter.
Contest and promotion coupons: No prepaid return will be sent to a customer as part of a contest. If the customer has won a voucher via a contest, it is non-refundable and non-exchangeable. It is in this case the rules of the competition contest that prevail and not the general conditions of sale for the Odabaia’s website.
Errors in delivery
In the case of an error of delivery or exchange, due to incorrect information of the customer (incorrect or incomplete delivery address), the expenses of reshipment of the parcel will be the responsibility of the customer.
Article 11: INTELLECTUAL PROPERTY
All texts, comments, books, illustrations and images reproduced on odabaia.com are reserved under copyright and intellectual property rights, held throughout the world. As such, and in accordance with the provisions of the Intellectual Property Code, it is strictly restricted for the private use, subject to even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the site of odabaia.com is strictly prohibited without prior written agreement/consent.
Article 12: RESPONSIBILITY
The company ÔDABAÏA has only an obligation of means for all the stages of access to the site, of the process of ordering, delivery, customer service or the later services. The responsibility of odabaia.com cannot be engaged for all inconveniences or damages inherent in the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer viruses, or any act qualified as force majeure, in accordance with the jurisprudence. Evidence the computerized registers kept in the information systems of odabaia.com under reasonable conditions of security will be considered as proofs of communication, orders and payments between odabaia.com and the Customer.
Article 13: MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The seller reserves the right to adapt or modify at any time the present general conditions of sale. In case of modification, the general conditions of sale in force on the day of the order will be applied to that order vice versa.
Article 14: INFORMATION ON PRODUCTS
Every effort has been made to ensure the accuracy of the information on this site. The seller or its suppliers are however not responsible for the consequences, incidental, and special damages arising from electronic transmission or the accuracy of information provided even if the seller was aware of the possibility of such damages. Names and product’s brands, as well as manufacturers are used for identification purposes only.
Article 15: APPLICABLE LAW
These general conditions are subject to French law. This applies to substantive rules as to the form of rules. In case of dispute or claim, the consumer should first contact the seller for an amicable solution.
Article 16: PROTECTION OF PERSONAL DATA
The personal information and personal data concerning buyers are necessary for the management of order and for our commercial relations. They may be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders related to its management, execution, processing and payment. This information and data is also kept for security purposes in order to comply with legal and regulatory obligations and to enable us to improve and personalize the services we offer and the information we send you.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose your personal data. Simply write to us online at Customer Service or by mail at ÔDABAÏA, Service Consommateurs, 38 rue du Truffaut, 75017 Paris, indicating your surname, first name, e-mail address and, if possible, your customer reference. In accordance with the regulations in force, your mail must be signed and accompanied by a photocopy along with photo identity proof bearing your signature and specify the address to which the reply should be sent. A reply will then be sent to you within 2 months of receipt of the request.
Depending on your choices made when creating or conferring your account, you will likely receive offers from ÔDABAÏA as indicated when creating your account. If you no longer wish to do so, you can request it at any time by specifying in My Account "Personal Information".
If your telephone number is collected during the creation of your account or the placing of your order, we inform you that your telephone details will only be used for the execution of your orders or to contact you in order to Offer new services or make you benefit from offers through SMS. Without prejudice to the above, in accordance with the legal provisions, you are informed that you can, if you wish, register on the list of opposition/un-subscription to the canvassing. You can register for free on this list which is binding on all professionals except those with whom you have already concluded a contract.
Article 17: PRODUCT WARRANTY
The provisions hereof shall not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects of the product sold. The consumer is expressly informed that the seller is not the manufacturer of the products presented in the seller's site and that the seller disclaims any responsibility for the defective products. Consequently, in the event of damage caused to a person or property by default of the product, only the manufacturer's responsibility can be sought by the consumer on the basis of the information on the packaging of the product. If you receive a defective item in your order, please send us an e-mail containing your order number to notify us of the problem. We will arrange an exchange or refund for your item.
Article 18: RIGHTS OF USE
The use of trademarks present in this site is strictly prohibited.
Article 19: FORCE MAJEURE
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by an accidental event of force majeure. Any act or circumstance irresistible, external to the parties, unforeseeable, inevitable, and independent of the will of the parties and which cannot be prevented by the parties, in spite of all reasonably possible efforts, shall be regarded as force majeure. The party affected by such circumstances shall notify the other party within ten working days, from the date on which he/she becomes aware of it. The two parties shall, within a period of three months, then, unless it is impossible due to force majeure, come closer to examining the effect of the event and agree on the conditions under which performance of the contract will be continued. If the case of force majeure has duration of more than one month, these general conditions may be terminated by the injured party. Expressly, force majeure or unforeseeable events will be considered, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, wars, etc.
Article 20: NON-PARTIAL VALIDITY
If one or more provisions of these terms and conditions are held to be invalid or declared invalid by a law, regulation, or following a final decision of a competent court, other provisions shall remain in full Strength and scope.
Article 21: NON-WAIVER
The failure of either party not to claim a breach by the other party to any of the obligations under the scope of these terms and conditions shall be construed in the future as a claim, to the obligation in question.
Article 22: DISPUTES
The responsibility of odabaia.com is in any case limited to the amount of the order and cannot be called into question for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products. ÔDABAÏA shall not be liable to any member or third party for any indirect, consequential or incidental loss of business, profit or turnover, even if such damage or This loss or prejudice was foreseeable by ODABAÏA or if the event had been brought to his attention.