Article 1. Object
These terms of sale are intended to define the contractual relationship between Opal Noire and the purchaser and the conditions applicable to any purchase made through the website www.opalenoire.com. The acquisition of a product through this site implies an unqualified acceptance by the buyer of these terms of sale which the buyer acknowledges that he became aware of prior to his order. Before any transaction, the buyer states on the one hand that the purchase of products on the site www.opalenoire.com is unrelated to his professional activity and is limited to strictly personal use and on the other hand have full legal capacity, allowing him to commit under these terms and conditions of sales.
Opale Noire retains the ability to modify these sales conditions at any time, in order to comply with any new regulations or with the aim of improving the use of its site. As a result, the applicable conditions will be those in effect on the date of the purchaser’s order.
Article 2. Products
The products offered are those listed on the www.opalenoire.com website of the company Opal Noire, within the limit of available stocks. Opal Noire reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (containment, use, composition…). The photographs are as faithful as possible but do not engage the Seller. The sale of the products presented on the www.opalenoire.com website is intended for all buyers residing in countries that fully authorize the entry into their territory of these products. (to be changed eventually)
Article 3. Rates
Prices on the product listings of the internet catalogue and are prices in Euros ()) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. Opal Noire reserves the right to change its prices at any time, however, with the understanding that the price listed on the day of the order will be the only one applicable to the buyer. The prices shown do not include the delivery fee, charged in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and payment terms
Before any order, the buyer must create an account on the site www.opalenoire.com. The account creation section can be accessed directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile…), will have to identify himself using this information. Opale Noire offers the buyer to order and pay for its products in several stages, with 3 payment options to choose from:
Payment by cheque: the buyer selects the products he wants to order in the “basket”, changes if necessary (quantities, references…), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by cheque.” Finally, the last step offers to verify all the information, take notice and accept the present terms and conditions of sale by checking the corresponding box, and then invites him to validate his order by clicking the “Confirm my order” button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must print this purchase order, accompanied by his cheque denominated in the order of “Black Opal” at the following address: 366 ter rue de Vaugirard 75015 Paris. No cash payments should be sent. Only cheques issued by a French bank will be accepted. Upon receipt of the cheque, the order will be processed and the buyer will be informed by email. Opale Noire will ship the products no earlier than 2 business days after cashing the cheque for the order, subject to provisions.
Payment by bank transfer: the buyer selects the products he wants to order in the “basket”, changes if necessary (quantities, references…), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by wire transfer.” Finally, the last step offers to verify all the information, take notice and accept the present terms and conditions of sale by checking the corresponding box, and then invites him to validate his order by clicking the “Confirm my order” button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of Opal Noire, whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Opale Noire will ship the products no earlier than 2 business days after receiving the transfer corresponding to the order, subject to provisions.
Secure payment by Paypal or bank card (via the PAYPAL system): the buyer selects the products he wants to order in the “basket”, changes if necessary (quantities, references…), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Pay by Paypal.” The next step is to verify all the information, read and accept these terms and conditions of sale by checking the corresponding box, and then invites him to validate his order by clicking the “Confirm my order” button. Finally, the buyer is redirected to the secure PAYPAL interface to securely inform their Paypal account or personal credit card references. If the payment is accepted, the order is registered and the contract is permanently formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be re-credited or returned. The liability of the credit card holder is not incurred if the disputed payment was proven to have been made fraudulently, remotely, without the physical use of his card. In order to obtain a refund of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must challenge, in writing, the debit from his bank, within 70 days of the transaction, or even 120 days if the contract binding him to it provides for it. The amounts collected are repaid by the bank within a maximum of one month after receiving the written challenge formed by the bearer. No refund costs may be paid to the holder.
Confirmation of an order results in acceptance of these terms of sale, recognition of full knowledge of them and the renouncement of its own terms of purchase. All the data provided and the confirmed confirmation will be worth proof of the transaction. If the buyer has an email address and has informed it about their purchase order, Opal Noire will provide confirmation of the registration of their order by email.
Article 5. Property reserve
The company Opale Noire retains full ownership of the products sold until the price is fully collected, including principal, fees and taxes.
Article 6. Withdrawal
Under Section L121-20 of the Consumer Code, the purchaser has 14 business days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the return fee.
Article 7. Delivery
Deliveries are made at the address indicated on the purchase order which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO, a delivery service with follow-up, delivery without signature. Delivery times are given only as an indication; If these exceed thirty days from the order, the sales contract may be terminated and the buyer refunded. Opal Noire will be able to provide the buyer with the tracking number of their parcels via e-mail. The buyer is delivered to his home by his postman. In the absence of the buyer, he will receive a notice of passage from his postman, which allows him to remove the products ordered at the nearest post office, during a period indicated by the postal services. Transportation risks are the responsibility of the purchaser from the moment the items leave the premises of Opal Noire. The buyer is required to check in the presence of the Post Office or delivery driver, the condition of the packaging of the goods and its contents on delivery. In case of damage during transport, any protest must be made with the carrier within three days of delivery.
Article 8. Warranty
All products supplied by the company Opal Noire benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. If a product sold is not compliant, it may be returned to Opal Noire, which will take it back, exchange it or refund it. All claims, exchange or refund requests must be made by mail at 366 ter rue de Vaugirard 75015 Paris, within thirty days of delivery.
Article 9. Responsibility
The company Opal Noire, in the process of distance selling, is bound only by an obligation of means. It cannot be liable for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service disruption, or other unintentional problems.
Article 10. Intellectual property
All elements of the site www.opalenoire.com are and remain the intellectual and exclusive property of the company Opal Noire. No one is allowed to reproduce, exploit, or use in any capacity, even partially, elements of the site whether they are in the form of photo, logo, visual or text.
Article 11. Personal data
Opale Noire is committed to maintaining the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information about him is subject to the provisions of Act 78-17 of January 6, 1978. As such, the User has the right to access, modify and delete information about him. He can request it at any time by mail at 366 ter rue de Vaugirard 75015 Paris.