The following provisions establish the general conditions of sale of products by the company ÔBABA on the website at the following address: www.obabaparis.com.
By ticking the box "you acknowledge having read the general conditions of sale and agree" the customer is agreeing to buy the product and accepts the terms of sale.
The company ÔBABA invites the customer to read carefully the terms below.
It is not possible to buy a product from ÔBABA without accepting the conditions set out below.
ÔBABA is a limited company with a capital of 15,000 euros whose registered office is 67, rue Charles Frerot - 94250 GENTILLY, registered with the Trade and Companies of Paris under number 750 800 526 including the VAT number is FR 92 750800526.ARTICLE 1 – Purpose
This contract determines the rights and obligations of the company ÔBABA and the customer in connection with the sale of goods on its website.
Conditions of Use constitute the entire rights and obligations of the parties, and no other condition from an external party can be integrated.
The sale is only for adults or minors with parental consent.
ÔBABA reserves the right to modify terms and conditions at any time.
In this case, the conditions will be those in force at the date of the order by the customer.ARTICLE 2 – Characteristics of bids
Products and services offered are those listed in the catalogue published on ÔBABA’s website.
These products and services are provided subject to availability, for a fixed term and the customer should pay attention as an offer may expire.
The company informs the customer of all the essential characteristics of the goods offered.
These features appear in addition to the photograph illustrating the product.
ÔBABA invites the customer to read the description carefully.
In general, they concern the dimensions, quantity, colors and components of the product.
The customer acknowledges that the photograph of the product shown on the website is indicative only.
Alterations may indeed appear due to photo processing.
The customer is aware that the goods will be delivered by mail.
The products and services offered for sale on the site of ÔBABA can be procured and delivered in all countries of the European Union, Switzerland, Overseas, the U.S.
ÔBABA reserves the right to change at any time the list of countries.ARTICLE 3 – Price
Prices are quoted in euros.
The prices listed in the catalog are prices in euros, taking into account any reductions and VAT at the date of the order.
Any rate change will be reflected in the price of products or services.
Prices shown are guaranteed within the limits of available stocks.
ÔBABA reserves the right to change prices at any time.
However, it is understood that the price listed in the catalogue on the day of the order will only apply to the buyer, except on occasions of a typing error or omission.
The prices include delivery charges.
They do not include any costs of gift packaging and that will be charged extra and will be specified by the customer on the final confirmation of the order.ARTICLE 4 – Order
ÔBABA reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a prior order or one that would present any form of risk.
The customer who wishes to buy a product or service must:
- Fill his online shopping cart with selected products or services
- Complete a form on which it will show all the data requested to register and create a customer account (title, full name, complete delivery address and billing phone number, email and password), or if the customer already has a customer account – they must enter the correct email password and confirm shipping address and billing
- The customer must then choose the mode of delivery and method of payment.
If the customer has a discount voucher, they must enter the code in the box provided for this purpose
- Once the customer has checked the order, they must then validate the order
- The validation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions.
The customer is then irrevocably bound; the acceptance cannot be questioned except under sections 10 and 11.
All data is recorded and validation is proof of the transaction.
Validation is worth as signing and acceptance of transactions.
For the validation of the order, the buyer certifies having 18 years or parental consent to process the order.
A minor authorized by the parents accepts responsibility for informing the parents of the transmission and conservation of the personal data, the parents may object to their conservation and / or transmission to third parties.
ÔBABA will provide confirmation of the order no later than delivery.ARTICLE 5 – Payment
Payment is due upon ordering.
Unless the server is unavailable, payment will be made immediately on the Internet by credit card (Visa, Eurocard / Mastercard) or Paypal.
The customer certifies to having the necessary permission to make the payment he chooses.
As part of a credit card payment, the payment order may be revoked in case of fraudulent use of the card in accordance with the agreement between the customer and the bank.ARTICLE 6 – Security of transactions
To ensure the security of payments, the company website ÔBABA uses the secure payment service ‘Payline’.
This service incorporates the standard SSL (Secure Socket Layer).
The confidential data (credit card number (16 digits) and the expiration date, CSC/ CVV codes) are directly transmitted to the bank's server without passing through ÔBABA’s media server.
When the order is confirmed, the payment request is routed in real time by the protected online payment handler.
It sends a request for authorization of the funds to the bank.
The online payment handler issues an electronic certificate which constitutes proof of the amount and date of the transaction in accordance with Articles 1316 and the Civil Code.
In the case of payments with PayPal, financial information is never disclosed to ÔBABA.
PayPal encrypts and protects the card number once and for all.
The customer pays online by simply entering their email address and password.
In case of dispute, the conditions for using the Paypal service apply.ARTICLE 7 – Shipping within 48 hours
Upon confirmation of your order by credit card or Paypal, it is processed within 48 hours (working days), subject to item availability.
In case of unavailability, we send you an email notifying you.ARTICLE 8 – Fixed cost delivery service (free on orders over 120 €)
At ÔBABA, there is a fixed cost delivery service (for any number of items) priced art : France & Spain (5.90 € ttc), Rest of the European Union & Switzerland (9,90 €), Rest of the world (14,90 €).The delivery is free on orders over 120 €.
ÔBABA endeavors to deliver the ordered products within 30 working days from order.
Delivery times are only indicative and if they exceed thirty days from the order, the contract may be terminated and the buyer reimbursed.
If the product is unavailable, the customer will be informed immediately and be able to cancel their order and ask for a refund.
The products are delivered to the address specified by the customer when ordering.
Any complaint must be sent by mail to ÔBABA’s headquarters.
The customer is to check the general appearance of the packaging of the product upon delivery and in case of damage, is to notify ÔBABA within 3 days by registered mail.
In case of non-conformity of goods delivered, ÔBABA will replace the product or refund the customer.
Deliveries are available in standard mode (delivery in 2-5 days).
The delivered goods remain the property of ÔBABA until they are shipped for delivery to the carrier, and once the customer has paid the price.
ÔBABA reserves the right to refuse delivery to a customer who has not fully paid or a previous order or with whom a payment dispute is ongoing.
In no case are we responsible for timeouts allegedly caused by strikes or disturbances or other problems by French or foreign postal services.ARTICLE 9 – Duties
Any order placed on the site of ÔBABA and delivered outside of France may be subject to taxes and customs duties which are levied when the package reaches its destination.
These duties and possible taxes are the responsibility of the customer.
ÔBABA is not obliged to check and inform the customer of customs duties and taxes.
It is for the customer to check with the relevant authorities of the country concerned.ARTICLE 10 – Deadline for withdrawal
According to law, the customer has a withdrawal period of 14 days after the delivery of the goods and can return any product to ÔBABA without having to provide a reason.
If the customer exercises this right within the withdrawal period, ÔBABA agrees to reimburse the sums paid, excluding shipping costs incurred by the corporation ÔBABA, without charge, within a maximum of 30 days.ARTICLE 11 – ‘Money back’ guarantee
All products are sold with a "money back" guarantee period of 14 days from the date of receipt.
All refund requests must be made via the "Contact" section of the website.
In case the customer does not comply with this procedure, the processing time can be considerably lengthened.
Only items returned in their original packaging and in perfect condition will be accepted.
As a result, returns of items damaged or washed will not be accepted.
The warranty will only apply provided the damage is not caused by the customer due to neglect, deterioration or misuse.
ÔBABA will reimburse the customer within a maximum of 30 days after receipt of the returned package.
It is for the customer to retain any proof of return, which assumes that the items be returned by registered mail or other means giving a certain date to return.
Return costs are charged to the customer and they are free to choose the type of delivery.
In case of error attributable to ÔBABA (defective item or picking error), ÔBABA will pay the return shipping cost for the amount stated on the invoice from the carrier, which the customer must submit to ÔBABA.
If the return is rejected by ÔBABA, the products will be returned to the customer, ÔBABA will pay the delivery back to the customer, and the customer will be unable to demand any compensation or reimbursement, unless there is a separate violation of their trading standards rights.ARTICLE 12 – Coupons
Vouchers cannot be combined with other coupons.
They are not redeemable against their monetary value.
In case of an item return for reasons not attributable to ÔBABA, the coupons will not be able to be reused for a new purchase.
Additionally, refunds will only correspond to amounts actually paid, therefore excluding any part paid by voucher.
Return costs are not reimbursed on orders placed with a voucher.ARTICLE 13 –Intellectual Property
All elements of the ÔBABA’s website are and remain exclusively the intellectual property of ÔBABA.
Nobody is allowed to reproduce, use, or repost, for any purpose whatsoever, even partially, any element of the site, be they software, video or audio.
Using any single link or hyperlink is strictly prohibited without the written permission of ÔBABA.ARTICLE 14 – Liability and Limitation of Liability
ÔBABA, in selling its product(s) online is only bound by an obligation of means.
ÔBABA cannot be held liable for any inconvenience or damage resulting from the use of the Internet such as data loss, hacking, virus, interruption of service, or other unintended problems or for any act of god, in accordance with law and jurisprudence.
Similarly, ÔBABA will in no way be held responsible for non-performance of the product or damages it has caused, be they direct, indirect, special, incidental or consequential, whether under contract, tort or any other legal theory, even if ÔBABA was advised of the possibility of such damages.
ÔBABA is also not responsible for claims made by third parties, or by the customer on behalf of a third party.
ÔBABA cannot be held liable for damages of any kind, both material and immaterial or body that may result from a malfunction or improper use of products sold. Do not leave the pegs within the reach unsupervised children. We will in no event be liable for any direct ou indirect injury the pegs or the product could have caused.
ÔBABA cannot be held responsible for misinterpretation or mistranslation that comes from information on its site.ARTICLE 15 – Changes to the terms
ÔBABA reserves the right to adapt or modify the terms of sale which will be immediately notified to the customer by an online update.ARTICLE 16 – Computer and Freedoms
For the success of the command, the data collected will be processed electronically, the customer acknowledges having knowledge.As such, the information may be disclosed on the trading partners of the company ÔBABA.
The customer may object to such disclosure in writing to the company ÔBABA.
According to the law of 6 January 1978, the customer also has a right to access and correct with respect to any information about the files contained in the company ÔBABA.
The computer processing has been declared to the CNIL (Commission Nationale de l'Informatique et des Libertés).
The parties agree that this contract is subject to French Law.
In case of dispute with professionals and / or traders, or with a customer, the French courts shall have jurisdiction.ARTICLE 18 – Legal and contacts
ÔBABA est une SARL au capital de 15 000 euro dont le siège social est situé en France à GENTILLY (94250), au 67 Rue Charles Frerot, immatriculée au registre du commerce et des sociétés de Créteil sous le numéro 750 800 526.
Déclaration auprès de la CNIL (Commission Nationale de l’Informatique et des Libértés) sous le numéro 1585475.
Représentant légal : M.Philippe DUPREZ, gérant
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