I. About us
OPPI ®, is a SAS with share capital of € 6,000.00, whose head office is at 199 Rue Helene Boucher – 34170 Castelnau-Le-Lez (France) and registered in the Hérault Trade and Companies Register, under the number 84165237300017. OPPI ® sells the following products to its Customers via its Website: Toys, Games, and derivative products.
OPPI ® invites Users to carefully read these General Conditions of Sale and Use (hereinafter the “CGV / CGU”). Placing an Order implies acceptance of the CGV / CGU. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the box provided for this before placing their Order online. The CGV / CGU frame the conditions in which OPPI ® sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by OPPI ® and are binding on any contradictory document, in particular the Customer’s general conditions of purchase. Systematically communicated to the Customer who requests it. In the event of a subsequent modification of the GTCS / CGU, the Customer is subject to the version in force when placing the Order.
“Customer” means the Professional or the Consumer having placed an Order for a Product sold on the Website; “Order” means any order placed by the User registered on this Site; “General Conditions of Sale and Use” or “CGV / CGU” designate the present general conditions of use and sale online; “Consumer” designates the purchaser natural person who does not act for professional needs and / or outside of his professional activity; “Products” means material things which can be the object of an appropriation and which are offered for sale on this Site; “Professional” means the buyer legal or natural person who acts within the framework of his professional activity; “Site” means this website, that is to say https://www.oppitoys.com;”OPPI ®” means the company OPPI SAS, more fully described in article I of present; and “User” means any legal or natural person who uses this Site;
Registration to the Site is open to all legal or natural persons of full age and enjoying their full personalities and legal capacities. Use of the Site is subject to the registration of a User. Registration is free. To register, the User must fill in all the mandatory fields; otherwise, the registration cannot be completed. The Users guarantee and declare on honor that all the information communicated on the Site, in particular during their registration, is accurate and compliant. They agree to update their personal information from the page dedicated to the latter and available in their account.
All registered Users have a username and password. These are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deletion of the account of the offending Registered User. Each registered User is personally responsible for maintaining the confidentiality of their username and password. OPPI ® will in no way be held responsible for the impersonation of a User. If a User suspects fraud at any time, he must contact OPPI ® as soon as possible, so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal or natural person OPPI ® reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User. The deletion of the account results in the permanent loss of all the benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions. If an account is deleted by OPPI ® for breach of the duties and obligations set out in the CGV / CGU, it is strictly prohibited to the offending User to re-register on the Site directly, by means of another electronic address or by an intermediary without the express authorization of OPPI ®.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the “Order” button. He must enter an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between him and OPPI ®. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site. Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. Placing an Order constitutes the conclusion of a distance selling contract between OPPI ® and the Customer.
VI. Products and prices
The Products which are the subject of the CGV / CGU are those which appear on the Site and which are sold and dispatched directly by OPPI ®. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limit of available stocks of OPPI ®. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist. When a Registered User wishes to acquire a Product sold by OPPI ® through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (tax included), excluding shipping costs and takes into account the applicable discounts and in force on the day of the Order. The price indicated does not include delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, OPPI ® will send the Customer a detailed estimate setting out the formula for calculating the price. Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
VII. Payment Terms
Unless otherwise provided, all sales are paid in cash at the time of placing the Order. Depending on the nature or amount of the Order, OPPI ® remains free to require a deposit or the payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by:
– Bank card via Monetico secure payment service
In the event of total or partial payment default for the Products by the date agreed on the invoice, the Professional Client must pay OPPI ® a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent at the date of the Order of the Services.
In addition to the compensation for delay, any sum, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs.
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Customer must pay OPPI ® a late payment penalty, the rate of which is equal to the legal interest rate. No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and sums due by the Customer to OPPI ® in respect of the purchase of Products offered on the Site. The penalty due by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the date of expiration of the price without any prior notice being necessary.
The Products are delivered exclusively to the following geographic areas:
- Metropolitan France
- European Union.
OPPI ® undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer’s geographic area, the delivery method chosen or the Product ordered.
In case of exceeding the delivery deadline of 10 days, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with request for acknowledgment of receipt, after ordering OPPI ®, according to the same terms , to make the delivery within a reasonable additional time, and if OPPI ® has not been performed. In this case, the Customer will be reimbursed within 30 days if a payment has already been made. In the event that delivery is impossible, due to an error on the address indicated by the Customer, OPPI ® will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee. In addition, OPPI ® cannot be held liable for reasons related to exceeding delivery times:
- during periods of high demand, such as the holiday season,
- for delays caused by reasons of force majeure, that is to say due to the occurrence of an unforeseeable, irresistible event beyond his control,
- for facts attributable exclusively to the carrier responsible for the delivery.
Delivery is made, according to the Customer’s choice and according to the prices indicated on the Site:
- to the address indicated by the Customer when placing his Order by simple post.
- at one of our partner points as indicated on the Site. For the withdrawal of Products, a valid identity document will be required. Otherwise, the Products ordered cannot be delivered to the Customer.
For all Orders placed on this Site, the Customer has a right of complaint for 15 days from delivery of the Product. It is up to him to check the apparent condition of the Products upon delivery. In the absence of reservations expressly expressed during delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Customer must send to the OPPI ®, at the address email@example.com, a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto (receipt signed by the transporter, photographs…). A complaint not respecting the conditions described above cannot be accepted. OPPI ® will repair, replace or reimburse the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock.
X. Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in article L.121-21-8 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address: firstname.lastname@example.org.
The Products must be returned in their original packaging and in perfect condition within 15 days of the Consumer’s notification of the withdrawal to OPPI ®. The direct costs of return remain the responsibility of the Consumer.
It will be reimbursed for all the costs paid for placing the Order within 14 days of OPPI ® becoming aware of its declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
XI. Risk and ownership transfer
OPPI ® retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with OPPI ® as compensation. For Professional Customers, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by OPPI ®. For Consumer Customers, the transfer of risks takes place upon delivery or upon withdrawal of the goods from the store when the Customer has chosen delivery to the store.
XII. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.211-5 of the Consumer Code: “To comply with the contract, the product must:
1° Be suitable for the use usually expected of a similar good and, if applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer does not have it not acquired, or would have given a lower price, if he had known them. ”
Any Product sold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-compliant Products or affected by a defect. It is excluded in the event of improper use or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered. The Customer must inform OPPI ® of the existence of the defects within two years. OPPI ® will rectify Products deemed defective as far as possible. If OPPI ® is held responsible, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of Products. Replacement of the Products does not have the effect of extending the duration of the warranty.
OPPI ® reserves the right to modify the Site, the CGV / CGU as well as any delivery procedure or other constitutive element of the services carried out by OPPI ® through this Site. When an Order is placed, the User is subject to the stipulations set out in the General Terms and Conditions / Conditions in force when placing the Order.
XIV. Computers and Liberties
In accordance with the law of January 6, 1978, the personal data requested from the Customer is strictly necessary for the processing of his Order. They can be communicated to the partners in charge of executing Orders. The User may therefore be led to receive information or commercial offers from OPPI ® or its partners. This data processing has been declared to the CNIL.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of their personal data by writing, by mail and by proving their identity, to the following address: email@example.com.
The User may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose in the emails received. To allow its Users to benefit from an optimal navigation on the Site and a better functioning of the different interfaces and applications, OPPI ® may install a cookie on the User’s computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).
The User expressly authorizes OPPI ® to place a so-called “cookie” file on the user’s hard drive. The User has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him from using certain services or functionalities of the Site, this malfunction cannot in any case constitute damage for the member who cannot claim any compensation for this fact.
OPPI ® can in no way be held responsible for the unavailability, whether temporary or permanent of the Website and although it implements all its means in order to permanently ensure the service, it may be that -it be interrupted at any time. In addition, OPPI ® reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any operation of update, improvement or maintenance. As previously mentioned herein, OPPI ® can in no way be held responsible for late deliveries for reasons beyond its control, beyond its control, unpredictable and irresistible or whose fault cannot be attributed to it.
XVI. Intellectual property
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and the WIPO; and intellectual works protected by copyright, the property of which belongs exclusively to OPPI ®. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of OPPI ® will expose the offender to civil and criminal proceedings.
XVII. Jurisdiction clause
The law governing the CGV / CGU is French law. Any dispute that may arise between OPPI ® and a User during the execution of this agreement will be the subject of an amicable resolution attempt. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.
XVIII. Acceptance of the CGV / CGU
The Customer or the User expressly accepts the CGV / CGU.
The Customer declares that he is aware of it and waives any other document, in particular his own general conditions of purchase.
The Consumer acknowledges having read the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Product
- The price of the products
- the date or time limit for which OPPI ® undertakes to provide the Service
- information relating to the identity of OPPI ® (postal, telephone, electronic contact details); – information relating to legal and contractual guarantees and their methods of implementation
- the possibility of resorting to conventional mediation in the event of a dispute
- information relating to the right of withdrawal (deadline, exercise procedures).
For more information or questions, do not hesitate to contact us by e-mail at the following address: firstname.lastname@example.org or by post using the contact details below:
199 Rue Helene Boucher