General terms and conditions

General terms and conditions for purchasing goods online from http://www.opdecodesign.com

I. PREAMBULE

1. By completing an on line sales contract for the purchase of products available on the http://www.opdecodesign.com website, the customer agrees to abide by the general terms and conditions detailed below.
2. There are various different technical stages to completing an on line sale from the http://www.opdecodesign.com website, which are explained to the consumer. The consumer must agree to abide by these stages.

II. DEFINITIONS

For the purposes of these general terms and conditions of sale, terms below are to be understood according to the meanings given below.
1. The website: this term refers to the http://www.opdecodesign.com
2. Product: item or items offered for sale on the website.
3. Customer: individual who has ordered one or more products from the website for personal use.
4. Order: expression of the customer's acceptance of a sale offer for products featured on the website.
5. Order confirmation: email sent from opdecodesign, specialist of ethanol inserts and ethanol fireplaces, to the customer, confirming receipt of the order placed.
6. Shipping: service provided by opdecodesign, specialist of ethanol inserts and ethanol fireplaces, to the customer, involving the delivery of products specifically ordered and confirmed on the website, to the location stated by the customer.
7. Third party recipient: individual other than the customer who benefits from an order placed by the customer.

III. CLAUSES DETAILING THE GENERAL TERMS AND CONDITIONS OF ONLINE SALES

1. ACCEPTATION OF THE GENERAL TERMS AND CONDITIONS OF ONLINE SALES

1.1 The customer may access the current general terms and conditions of sale on the http://www.opdecodesign.com website at any time and may print them out to read.
1.2 Upon confirming the order, the customer must acknowledge that he has read the general terms and conditions of on line sale which are detailed on the website.

2. PRICE

2.1 The price of the items is given in Euro.
2.2 The price stated in the order confirmation email sent by opdecodesign, specialist of ethanol inserts and ethanol fireplaces, is the definitive price including all taxes, VAT and shipping charges included.
2.3 The price doesn't include possible customs duties (on imports) imposed by the country of the client. These possible taxes have to be paid by the customer who will have to inquire about it before placing order.
2.4 Payment is required upon receipt of the order confirmation by the customer.
2.5 Items remain the property of opdecodesign, specialist of ethanol inserts and ethanol fireplaces, until full payment is received.
2.6 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, reserves the right to modify its prices at any time but items will be invoiced on the basis of the prices valid at the time the customer confirms the order.

3. PRODUCTS FOR SALE

3.1 Products featured on the http://www.opdecodesign.com website are available for sale as long as stocks at the  depot of opdecodesign, specialist of ethanol inserts and ethanol fireplaces.
3.2 In the event of a product or products ordered no longer being available, opdecodesign, specialist of ethanol inserts and ethanol fireplaces, will inform the customer by email or telephone as quickly as possible.
3.3 In the event that only certain products ordered are not available, the customer may either cancel the contract in its entirety or retain the contract and request the delivery of those products which are available. If the customer fails to respond within four days, opdecodesign, specialist of ethanol inserts and ethanol fireplaces, will be entitled to cancel the sale without further notice. However, if the contract relates only to a product which is unavailable, the fact that the product is unavailable will mean that the sale is canceled.
3.4 Photographs of the products are for illustration purposes only and are not part of the contractual agreement.

4. ORDER

4.1 Once the product has been selected and before the order is confirmed, the customer is required to enter personal details: surname, name, address, city, post code, country, email address and telephone number. He can specify a different address for delivery if the item is for a present, for example. (The costs for the shipping on an island have to be clarified separately with opdecodesign.)
4.2 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, confirmed receipt of the order by email. This Order confirmation lists the products ordered and gives the total cost.
4.3 The order confirmation states the time and date of the confirmation.
4.4 The contract will not be considered complete until the order confirmation, sent by opdecodesign, specialist of ethanol inserts and ethanol fireplaces, has been received by the customer.

5. SECURED PAYMENTS

5.1 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, guarantees that no confidential details pass through the http://www.opdecodesign.com website.
5.2 In the case of out of stock or unavailable items, if the customer has confirmed that he still wishes to proceed with the purchase of the other available products ordered, the customer's account will be debited only for the sum total of the products actually received.

6. COLLECTION

 
6.1 The customer may in some cases collect the items, after having admitted an appointment, to withdraw the available and ordered articles in the depot.
6.2 The products ordered, when available, will be handed over upon presentation of either the order number or upon presentation of the order confirmation email sent by opdecodesign, specialist of ethanol inserts and ethanol fireplaces,.

7. SHIPPING

7.1 The client engages to check the goods with reception (inside / outside) and to express reservations to the deliverer in case of damage, otherwise no action by our insurance will be accepted. Any claim will be receivable only within 48 hours on receiving of the package and by registered letter to the corresponding organism of transport.
7.2 The customer agrees to sign the signature slip presented by the deliverer on behalf of opdecodesign, specialist of ethanol inserts and ethanol fireplaces, or, in the event of the product being delivered to a third party recipient, the customer agrees to ensure that the third party recipient signs the slip.
7.3 The customer or third party recipient may write any comments deemed necessary on the signature slip.
7.4 By signing the signature slip, the customer or third party recipient confirms that he has received the number of parcels indicated on the slip.
7.5 If the customer or third party recipient notes, upon delivery, that the products are damaged, incomplete or do not correspond to those ordered, this information must be entered on the delivery slip, a copy of which must be given to the deliverer.
7.6 In the event that the products are damaged or do not correspond to those ordered, the customer should contact opdecodesign, specialist of ethanol inserts and ethanol fireplaces.
7.7 If the customer is not present at the shipping address given by the customer for the order, this does not entitle him to a reimbursement of the shipping charges. A proportionate fee will be invoiced to the customer for the additional delivery attempt.
7.8 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, cannot be held responsible if the products cannot be delivered to the customer as a result of an error in the delivery details, such as surname, name, address and telephone number. In the event of such an error occurring, the customer will still be required to pay the shipping charges.
7.9 In the event of such an error being made, the customer should contact opdecodesign, specialist of ethanol inserts and ethanol fireplaces, to arrange a new appointment. A proportionate fee will be invoiced to the customer for the additional delivery attempt.
7.10 If delivery of the products takes place more than 48 hours after the date when they should have been delivered, due to an error on the part of opdecodesign, specialist of ethanol inserts and ethanol fireplaces, or for a reason specific to opdecodesign, delivery will thus be made on a date agreed by the customer and opdecodesign.

8. GUARANTEES

8.1 The customer benefits from the legal latent defects guarantee in accordance with article 1641 of the Civil code.
8.2 In the case of latent defects, the customer can choose between canceling the sale or substituting the defective product for another of the same product, provided items are available.
8.3 Whatever the case, the guarantees do not cover:
- Incorrect or abnormal use of the products. The customer should read the directions for use, supplied with the product or at http://www.opdecodesign.com, very carefully.
- Defects and consequences as a result of using the product for a purpose other than that for which it was intended
- Defects linked to accessories.
- Defects and consequences caused by an external source.

9. RETURNS

9.1 The customer can return the unused goods, without stating a reason, within 7 days of the order being delivered.
9.2 The products ordered must be returned within 7 days to opdecodesign, specialist of ethanol inserts and ethanol fireplaces, in order to receive a full reimbursement, with no additional penalty fees, by bank transfer to the account given by the customer. The cost of returning the goods is to be paid by the customer.
9.3 The customer must contact opdecodesign, specialist of ethanol inserts and ethanol fireplaces, by mail to get the return address of products.
9.4 Products returned incomplete, damaged, soiled by the customer or not in its packing of origin will not be accepted for return.

10. PERSONAL DETAILS

10.1 Visiting the http://www.opdecodesign.com website, without placing an order, does not result in any information being collected.
10.2 Data is only collected, processed and stored by internal services for processing orders and in accordance with the law of 2nd August 2002 on the protection of individuals and the processing of personal data.
10.3 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, agrees that it will not pass on any information provided by the customer as part of the order to third parties for any reasons other than those relating to fulfillment of the terms of the contract.

11. RESPONSABILITY

11.1 The photographs, diagrams and illustrations of the products featured on the website do not form part of the contract. opdecodesign, specialist of ethanol inserts and ethanol fireplaces, cannot, therefore, be held responsible for any errors or omissions in these photographs, diagrams or illustrations.
11.2 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, cannot be held responsible for failure to fulfill the terms of the sales contract due to a stock shortage or a product not being available resulting from an act of God, disruption or total or partial strike affecting the means of transport and/or communication, a flood or a fire.
11.3 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, is not responsible for any indirect damage or loss of opportunity arising from the purchase of products.
11.4 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, cannot be held responsible for any damage linked to an IT service, notably: damage to the customer's computer caused by a computer virus from the internet, damage resulting from the incorrect use of the website, the unauthorized reproduction and use of any element of the website (example: denigration of a product by a third party using images of the website) and damage as a result of data interception through computer hacking.
11.5 National regulations and norms must be respected by the customer for the installation and the use of the appliance. The customer will have to inquire about it before placing order.

12. PROOF

12.1 The automatic order registration systems are considered to provide adequate proof of the nature, contents and date of the order and instigate payment of the price of the products, as soon as the customer receives the order confirmation sent by the opdecodesign, specialist of ethanol inserts and ethanol fireplaces.
12.2 The data recorded by the payment system constitutes proof of the financial transaction.

13. INTELLECTUAL PROPRTY

13.1 All elements of the opdecodesign, specialist of ethanol inserts and ethanol fireplaces, website are and remain the exclusive intellectual property of opdecodesign. No one is authorized to reproduce, exploit, re-transmit or use all or part of the elements of this website, including the software, visual and sound elements, for whatever reason.
13.2 The use of simple and hypertext links to the website is strictly forbidden unless written permission is gained from opdecodesign, specialist of ethanol inserts and ethanol fireplaces.
13.3 The printing out of pages from the http://www.opdecodesign.com website is authorized solely for personal use by the user.

14. MODIFICATION

14.1 opdecodesign, specialist of ethanol inserts and ethanol fireplaces, reserves the right to modify its service without adhering to any specific procedures except to place a statement to this effect on line and to include any resulting modifications in these general terms and conditions of sale.
14.2 In all cases, it is assumed that the customer is aware of the general terms and conditions of sale and accepts these conditions by confirming the order.

15. PARTIAL INVALIDITY OF THE TERMS AND CONDITIONS

Should one of the clauses of the present general terms and conditions prove invalid following the implementation of a law or ruling in France, or following a judicial decision which has been legally adjudicated, this does not render the other clauses invalid.

16. LITIGATIONS - APPLICABLE LAW AND COMPETENCE COURTS OF LAW

16.1 The present general terms and conditions of sale are subject to French law.
16.2 The French courts of law have exclusive competence in all litigation cases.