I. About us
Up ®, is a SAS with a share capital of €6,000.00, whose registered office is at 199 Rue Helene Boucher – 34170 Castelnau-Le-Lez (France) and registered with the Hérault Trade and Companies Register, under number 84165237300017. Oppi ® markets, to its Customers via its Website, the following products: Toys, Games, derived products.
Up® invites Users to carefully read these General Conditions of Sale and Use (hereinafter the “GTC/CGU”). Placing an Order implies acceptance of the T&Cs/GCUs. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online. 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. They are systematically communicated to the Customer who requests them. when ordering.
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Website; “Order” refers to any order placed by the User registered on this Site; “General Conditions of Sale and Use” or “CGV/CGU” refer to these general conditions of use and online sale; “Consumer” refers to the buyer who is a natural person who is not acting for professional needs and/ or outside his professional activity; “Products” designates the material things that can be appropriated and which are offered for sale on this Site; “Professional” designates the buyer who is a legal or natural person who acts within the framework of his professional activity; “Site” refers to this website, i.e. https://www.oppitoys.com; “Oppi ®” refers to the Company OPPI SAS, more fully described in Article I hereof; and “User” means any legal or natural person who uses this Site;
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full legal personality and capacity. Use of the Site is subject to the registration of a User. Registration is free. To register, the User must complete all the mandatory fields; otherwise the registration cannot be completed. Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to it and available in their account. All registered Users have a username and a password. These are strictly personal and confidential and must in no case be communicated 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 his username and password. Oppi ® will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, they should contact Oppi ® as soon as possible, so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal entity or a natural person, can only hold one account on the Site. -compliance with the GCS/CGU, in particular the creation of several accounts for a single person or the provision of false information, 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 entails the permanent loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the deletion of the account will be executed under normal conditions. In the event of deletion of an account by Oppi ® for breach of the duties and obligations set out in the T&Cs/T&Cs, the offending User is strictly prohibited from re-registering on the Site directly, through another email address or through 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 in order to confirm the Products he wishes to order and place his Order by pressing the “Order” button. He must provide 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 delivery. The placing of an Order constitutes the conclusion of a distance selling contract between Oppi ® and the Customer.
VI. Products and prices
The Products subject to the GCS/CGU are those which appear on the Site and which are sold and shipped 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 (TTC), excluding shipping costs and takes into account the reductions applicable and in force on the day of the Order. The price indicated does not include the 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 quote 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 specified, all sales are paid in cash at the time the Order is placed. Depending on the nature or amount of the Order, Oppi ® remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice. Payment can be made by: – Credit card via the Monetico secure payment service In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Customer must pay Oppi ® a late payment penalty, the rate of which is equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent on the date of the Order for the provision of Services. In addition to late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Client will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client 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 the sums due by the Customer to Oppi ® for 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 due date of the price without any prior formal notice being necessary.
The Products are delivered exclusively in the following geographical areas: • Metropolitan France • race • European Union. Up ® undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered. If the delivery deadline of 10 days is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having instructed Oppi ®, on the same terms, to make delivery within a reasonable additional time, and if Oppi ® did not execute. In this case, the Customer will be refunded within 30 days if a payment has already been made. In the event that delivery is impossible, due to an error in the address indicated by the Customer, Oppi ® will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Customer. Further, Oppi's liability ® cannot be engaged for reasons related to exceeding delivery times: • in periods of high demand, such as the holiday season, • for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, • for facts attributable exclusively to the carrier responsible for the delivery. The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site: • to the address indicated by the Customer when ordering by simple post. • at one of our partner points as indicated on the Site. For the withdrawal of the Products, a valid identity document will be required. Failing this, the Products ordered cannot be delivered to the Customer.
For all Orders made on this Site, the Customer has a right of complaint for 15 days from delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly issued upon delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send to Oppi ®, to the address firstname.lastname@example.org, a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.). A claim that does not comply with the conditions described above cannot be accepted. Oppi ® will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.
X. Consumer's right of withdrawal
The Consumer has a right of withdrawal for 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: email@example.com. The Products must be returned in their original packaging and in perfect condition within 15 days of notification of the withdrawal to Oppi ® by the consumer. The direct costs of return remain the responsibility of the Consumer. He will be reimbursed for all costs paid for placing the Order within 14 days of Oppi becoming aware of ® of his statement of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
XI. Transfer of risk and ownership Up ® 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 installments paid will remain with Oppi ® as compensation. For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by Oppi ®. For Consumer Customers, the transfer of risk takes place on delivery or when the goods are collected from the store when the Customer has chosen in-store delivery.
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 that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this 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 goods must: 1° Be suitable for the use usually expected of a similar item and, where applicable: • correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have not acquired, or would have paid a lesser price for it, if he had known them.” Any resold Product altered, modified or transformed is not covered by the warranty. This is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. It is excluded in the event of misuse 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 shall inform Oppi ® of the existence of the defects within two years. Oppi ® will rectify the Products found to be defective as far as possible. If Oppi's responsibility ® is retained, the guarantee is limited to the amount excluding VAT paid by the Consumer for the supply of the Products. The replacement of the Products does not have the effect of extending the duration of the guarantee.
Up ® reserves the right to modify the Site, the GCS/CGU as well as any delivery procedure or other constituent element of the services provided by Oppi ® through this Site. When an Order is placed, the User is subject to the stipulations set out in the CGV/CGU in force when placing the Order.
XIV. Computers and Freedoms
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 the execution of the Orders. The User may therefore 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 his personal data by writing, by mail and by proving his identity, to the following address: firstname.lastname@example.org. 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 e-mails received. To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, Oppi ® is likely to place a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by 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 option 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 can in no way constitute damage for the member who will not be able to claim any compensation as a result.
Up ® can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to permanently ensure the service, it is possible that this be interrupted at any time. Additionally, Oppi ® reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation. As mentioned previously herein, Oppi ® can in no way be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.
XIV. Intellectual property
The brand, the logo, and the graphic charter of this Site are registered trademarks with the INPI and the WIPO; and intellectual works protected by copyright, the property of which rests exclusively with Oppi ®. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of Oppi ® will expose the offender to civil and criminal prosecution.
XVII. Jurisdiction clause
The law governing the CGV/CGU is French law. Any disputes that may arise between Oppi ® and a User during the execution of the present will be the subject of an attempt at amicable resolution. Failing this, the disputes will be brought to the attention of the competent courts of common law.
XVIII. Acceptance of the T&Cs/T&Cs
The Customer or User expressly accepts the GCS/CGU. The Customer declares to be aware of it and waives the right to rely on any other document, in particular its 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 when 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, terms of exercise). For more information or questions, do not hesitate to contact us by e-mail at the following address: email@example.com or by post using the contact details below: Up ® 199 Rue Helene Boucher 34170 Castelnau-Le-Lez France