General Conditions of Online Sale – OMA & ME

LEGAL NOTICE

These General Conditions of Sale (hereinafter the " GTC ") are offered by the company MJJ Fashion , a simplified joint-stock company with a capital of €2,400, whose head office is located at 10 rue de Penthièvre in Paris, registered with the RCS of Paris under number 845 264 316 (hereinafter the “ Company ”).

His email address is info@oma-and-me.com

The Company is the owner and publisher of the website http://www. oma-and-me.com (hereinafter the “ Site ”). The Site is hosted by Shopify Inc, domiciled at the following address: Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.

The publication director of the Site is Michael Encaoua.

 

APPLICATION AND OPPOSABILITY OF THE T&Cs

Through its Site, the Company offers the customer (hereinafter " the Customer ") the possibility of purchasing various hair care products (the " Products ")

The company can be reached by email or post, for any request for advice or quote.

• Email : contact@oma-and-me.com

• Mail: MJJ FASHION, Customer Service, 10 rue de Penthièvre, 75008 Paris, France

The purpose of these T&Cs is to define all the conditions under which the Company markets the Products to Customers. They therefore apply to any order (hereinafter the “ Order ”) of Products placed on the Site by any customer registered on the Site (hereinafter the “ Customer ”).

The Customer declares to have read and accepted these GCS before placing his Order. The validation of the Order therefore implies acceptance of the GCS.

ORDERING PRODUCTS ON THE SITE

The Customer selects the Product he wishes to purchase, and can access the summary of his Order at any time before confirming it.

The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the Product(s). The Customer has the option of modifying his Order and correcting any errors before accepting his Order.

The Customer proceeds to the confirmation of his Order after having filled in his billing information and delivery preferences.

The Company will send the Customer a confirmation e-mail in the form of a purchase invoice containing the elements of the summary of his Order and communicating to him, where applicable, the confirmed date for the performance of the Service. Sending this confirmation email formalizes the contractual commitment between the Company and the Client.

 

PRICE AND CONDITIONS OF PAYMENT OF THE ORDER

The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included.

The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his billing details and proceeds to payment.

The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, only by credit card or by Paypal payment, except for special payment conditions expressly accepted by the Customer and the Company.

The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment chosen when placing the Order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

AVAILABILITY AND DELIVERY

• Product Availability

The indications of availability of the Products are provided at the time of placing the order.

We regularly sell our products in "pre-order" format. This means that we have made the purchase of the corresponding stock but that it has not yet been received at our warehouse. As quantities are generally limited, we therefore offer the possibility of ordering a product a few weeks before its return to actual stock.

The estimated delivery time of a pre-order is indicated on the product sheet during your purchase as well as on the summary invoice. A pre-order can be canceled at any time as long as it has not been dispatched.

Errors or modifications may occur exceptionally, particularly in the event of a stock shortage at a supplier of the Company due to too many orders for the same Product.

In the event of Product unavailability after the order has been placed, the Company will inform the Customer as soon as possible, offering either to order another Product or to cancel the order.

• Delivery of Products

The Products can be delivered in Metropolitan France or in the countries indicated on the Site when placing the Order. Outside of these delivery areas, the Company will be entitled to refuse the order or to accept it after estimating the shipping costs associated with this delivery.

In the event of a delay in delivery due to unforeseeable circumstances, the Company will inform the Customer of the additional delivery time required. In the absence of delivery at the end of the agreed additional period, the Customer may cancel his order, by sending a registered letter with acknowledgment of receipt.

The Customer must ensure that the information provided to the Company is correct, and that it remains so until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change in contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or error, the Client cannot under any circumstances hold the Company liable.

The Company will also not be liable if the non-receipt of the Product is either due to an unforeseeable and insurmountable event, or to a case of force majeure.

 

CUSTOMER SERVICE

For any request for information, clarification or for any complaint, the Customer must first contact the customer service of The Company, in order to allow the latter to try to find a solution to the problem. The Company's Customer Service is available Monday to Friday, from 9:30 a.m. to 5:30 p.m. using the following contact details:

• Email : contact@oma-and-me.com ,

• Mail: MJJ FASHION, Customer Service, 10 rue de Penthièvre, 75008 Paris, France

 

LEGAL GUARANTEE OF CONFORMITY

Under the legal guarantee of conformity of articles L.211-4 and following of the Consumer Code, the Company undertakes, at the Buyer's choice, to reimburse or exchange the defective or non-corresponding Products. to his order provided that the Customer acts within two (2) years from the delivery of the Product(s). The Buyer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

Under the legal guarantee against latent defects of article 1641 of the Civil Code, the Buyer has the choice between the resolution of the sale or the reduction of the sale price, in accordance with article 1644 of the Civil Code. If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.

E-COMMERCE MEDIATOR

In accordance with the legislation in force, we provide you with a free mediation service in the event of a dispute.
For any mediation request with our brand, please connect to:

https://app.medicys.fr/fr/professional/search
and perform a search by filling in the information like this

Name: MJJ Fashion
Postcode: 75008
City: Paris

 

RIGHT TO RETRACT

In accordance with articles L.121-18 and following of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.

To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending a letter to the Company at the following address: MJJ FASHION, Service Clients, 10 rue de Penthièvre, 75008 France or by email: contact@ oma- and-me.com

The Customer must return the Product(s) in the same condition as the one in which he received them, and with all the packaging elements, accessories and instructions (even if the Product(s) has or have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract. For any return and to obtain the procedure to follow, you must contact the after-sales service contact@oma-and-me.com

Note that once your order has been placed, it can only be modified or canceled within 60 minutes and within the limit of the processing capacity of your request by our Customer Service. Once this period has passed, the order can then be returned for a refund.

The Customer bears the cost of returning the Product(s).

The Customer is invited to indicate the reason for the return/withdrawal, in order to help the Company improve its service.

In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has (have) been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer agrees expressly in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from his Order.

In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only engaged with regard to the Company for a depreciation of the Product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

 

CUSTOMER OBLIGATIONS

The Customer agrees to comply with the terms of these T&Cs.

The Client undertakes to use the Site in accordance with the Company's instructions.

The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
• To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
• Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
• To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties.
• To disparage the Site and/or the products as well as the Company on social networks and any other means of communication.

If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.

RESPONSIBILITY

The Company implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Products. However, it cannot under any circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party outside the contract, or to a case of force majeure.

The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the product(s) and other information disseminated on these websites.

It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment. 

 

INTELLECTUAL PROPERTY

All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

The name and brand of the Company, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

RESALE OF OMA & ME PRODUCTS

The resale of 'OMA & ME' products without prior authorization is strictly prohibited.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of these presents or in relation to these GCS, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure, in particular with the consumer mediation commission (article L612-1 of the consumer code) or with existing sectoral mediation bodies, and whose references appear on the Site in particular or according to any other alternative method of dispute resolution .

The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.

USE OF SMS

By consenting to OMA&ME's SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders ), SMS marketing offers and transactional SMS. , including requests for review by us, even if your cell phone number is registered on a state or federal do not call list. The frequency of messages varies. Consent is not a condition of purchase.

If you would like to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we have provided to you in one of our messages. You understand and agree that alternative methods of withdrawal, such as the use of alternative words or requests, will not be considered a reasonable means of withdrawal. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Messages and data rates may be applied.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us at contact@oma-and-me.com for more information.

We have the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to any phone number or short code that we have changed, including requests for STOP or HELP, will not be received, and we will not be obligated to honor the requests made in these messages.

To the extent permitted by applicable law, you agree that we shall not be liable for the failed, delayed or misdirected delivery of any information sent through the service, any errors in such information and/or any actions you may or not take in reliance on the information or the service.

Your right to privacy is important to us. You can review our Privacy Policy to determine how we collect and use your personal information.