1 - Purpose
These General Terms and Conditions of Sale are concluded between:
OLIVOLGA, whose head office is situated
13 route de Couches
71150 CHEILLY LES MARANGES
French Trade and Companies Register of Chalon sur Saône with number 491 545 943
after referred to as “Olivolga”
A real person visiting or making a purchase via the website
after referred to as the “visitor”
These terms and conditions set out the terms of sale between Olivolga and the visitor, from ordering to payment and delivery. They govern all stages necessary in order to place an order and ensure that any such orders are followed up between the contracting parties on the www.olivolga.com website.
Any order placed shall constitute an implicit acceptance by the visitor of these general terms and conditions of sale, it being specified that the parties agree that their relations shall be governed exclusively by these terms and conditions, which shall constitute the contract.
Olivolga reserves the right to adapt or modify these general terms and conditions of sale on reasonable grounds at any time.
In the event of any modification, the general terms and conditions of sale applied to each order shall be those in force at the moment of that order.
However, if any term or condition is missing, it shall be deemed to be governed by the accepted practices of the mail order industry as recognized by companies based in France.
The visitor declares:
- that he/she has the capacity to conclude this contract, i.e. that he/she is of legal age and is not under legal guardianship.
- that he/she will refrain from purchasing products and items with a view to reselling them.
2 - Offer
www.olivolga.com is a website intended to offer for sale a range of jewellery, cosmetics and fashion accessories. The products and items offered for sale are described and presented as accurately as possible.
However, if any errors or omissions do occur in the presentation of these products and items, Olivolga shall not be held liable for this, since the photographs are not contractually binding.
All offers for products and items and all delivery methods are valid throughout the world, while stocks last.
3 - Availability
The offers of products and items are valid as long as they appear on the www.olivolga.com website and while stocks last.
Upon receiving an order from the visitor, Olivolga shall check whether the product(s) and item(s) ordered are in stock.
Any claim by the visitor pertaining to an order for an unavailable item shall be deemed unfounded.
In any event, Olivolga undertakes to inform by e-mail any visitor who has placed an order for an unavailable item and to provide a refund for that item as soon as possible.
In the event that one of the products or items in your order is permanently discontinued, this shall not affect the dispatch of the rest of your order.
4 - Prices
The prices of the products and items on the www.olivolga.com website are given in Euros including French tax and VAT at the applicable rate on the date of the order. They are guaranteed subject to any typographical or printing errors.
These prices exclude the fixed amount payable for shipping costs on the date of the order.
Olivolga reserves the right to modify its prices at any time, but undertakes to apply the prices in force and displayed to the visitor whenever the latter places an order.
The VAT included is the French VAT at the applicable rate for the products and items concerned. If the rate of this VAT is modified, these changes may be passed on to the prices of the products and items without prior notice. For orders outside the European Union the listed prices are to be understood tax-free.
Please be aware that customers are responsible for payment of any local custom duties.
5 - Order
Any order placed shall constitute express and irrevocable acceptance of the prices and descriptions of the products available for sale.
The visitor states that he/she has acknowledged and accepts irrevocably these general terms and conditions of sale before placing his/her order. Confirmation of the order thus constitutes acceptance of these general terms and conditions of sale.
In order to enable the visitor to review his/her order before confirming it, Olivolga has created screens for confirming and accepting each step of the order process. Orders will not be recorded until final acceptance has been given via the payment screen for the order. As of the moment that final acceptance is clicked, orders shall be deemed irrevocable. An e-mail will be sent to the visitor as soon as his/her order is received. This e-mail will confirm that the customer's order has been received by Olivolga. It does not confirm that the product is available.
6 - Payment
For a delivery in France:
The visitor may pay by credit card, PayPal, French bank check or bank transfer, on the www.olivolga.com website. No other forms of payment are accepted.
For a delivery in another country than France:
The visitor may pay by credit card or PayPal on the www.olivolga.com site. No other forms of payment are accepted except for Euro zone countries for which bank transfer is accepted.
Olivolga has implemented the necessary technical setup to secure orders and associated payments.
Payment by credit card:
When confirming his/her order, the visitor provides the number of his/her credit card, the expiry date and the cryptogram composed of the last three digits appearing on the back of the card. The visitor's account will be debited by Olivolga when the visitor confirms his/her payment.
Payment by PayPal:
When confirming his order, the visitor provides his/her login and password to access to his PayPal account. The visitor's bank account will be debited by PayPal when the visitor confirms his/her payment.
Payment by bank transfer:
When confirming his/her order, the visitor sees displaying in the screen Olivolga’s bank details that he/she has to give to his own bank in order to transfer the money. The visitor's bank account will be debited by Olivolga when the visitor’s bank confirms to Olivolga the transfer. The visitor has 24 hours to confirm his/her order by e-mail and commits himself/herself to proceed to payment as soon as possible. If the payment of the order is not received at last the seventh day after the order date Olivolga will cancel the order.
Olivolga reserves the right to refuse to make a delivery or to meet an order placed by a visitor who has not paid whether in full or in part for any previous order or against whom legal proceedings are pending.
7 - Secure payment
Visitor paying by credit card will be requested to enter his/her card number, the expiry date and the last three figures appearing on the back of the card. Contact will then be made with the various organizations responsible for payment authorization to verify the data in order to prevent abuse and fraud. The server is in encrypted mode for this process and all information is transmitted in encoded form.
No data is transmitted unencrypted via the internet.
In any event, provision by the visitor of his/her card number and final acceptance of his/her order by him/her shall constitute proof of the integrity of the order and of the fact that the sums due in the performance of that order are payable.
Such confirmation shall constitute a signature and the express acceptance of all operations carried out on the Site.
The remote payment management system then issues an electronic certificate.
8 - Delivery
For any information about shipping costs, indicative delays and locations the visitor is invited to read the “Delivery” section.
The visitor can choose between having his/her order delivered to his/her home address or to another address. If the visitor is absent, a delivery note sould be left in the letterbox.
Delivery delays are indicative and depend on the exactness and accuracy of the delivery address given by the visitor. Although Olivolga uses all reasonable means to ensure that an order is delivered within a specified time, Olivolga cannot accept responsibility for late deliveries due to circumstances outside of its control.
Olivolga is not responsible for the mistakes a visitor can make while filling his/her delivery address.
In case of a delivery asked to a collective address, Olivolga is not responsible if a third person takes delivery of the parcel.
If delivery is delayed by an unusual period, the visitor must notify this to Olivolga as soon as possible by e-mail at firstname.lastname@example.org.
9 - Retention of title clause
Products shall remain the property of Olivolga until the order in question has been paid for in full. However, from the moment the order is dispatched to the visitor, risk in the goods passes to the visitor.
10 - Returns and refunds
The items purchased via the www.olivolga.com website are guaranteed. If you are not satisfied with your purchase for any reason you can send it back within 10 days starting the day after the delivery. All items purchased can be returned except specific orders and cosmetics.
Returns are only possible by post to the following address:
13 route de Couches
71150 CHEILLY LES MARANGES
Olivolga does recommend the visitor to send his/her return using a secure or traceable method and that he/she retains a proof of postage.
Returning goods by post entitles the visitor to a refund or a voucher in accordance with the Olivolga general terms and conditions of sale.
Beyond the legal cooling-off period of 10 days, the visitor cannot ask any more for the refund of any product ordered via the www.olivolga.com website.
In all events, products returned must be accompanied by a return slip filled in as appropriate.
Furthermore, Olivolga may refuse any product returned in different or damaged packaging or in a condition other than its original condition where no express comments or reservations have been entered by the visitor on the delivery slip and no claim has been lodged within 2 working days after delivery.
Only the supplier - or the brand - of the item purchased with Olivolga is able to decide if an item is faulty or not. Consequently Olvolga can ask the customer to send the item back at his/her own cost and without any way of refund or compensation for the shipping cost linked to this return.
If a product or item is returned by the visitor, a confirmation e-mail will be sent to him/her to inform him/her that the return is being processed by Olivolga.
Only the price of the product(s) returned will be refunded. The refund will be credited back to your original method of payment within 30 days maximum after receipt of the return. An e-mail will be sent to the visitor to inform him/her of the refund. Olivolga can also propose a credit note which will be deducted from the amount of the next visitor’s order.
Any return for a total or partly refund will automatically lead to the cancellation of the corresponding loyalty points (including the loyalty points already transformed into a voucher for a next order).
11 - Signature and proof
For all payments by credit card on the www.olivolga.com website, the electronic certificate issued by the remote payment management system shall constitute proof of the amount and the date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
The digital registers stored in the computer systems of Olivolga shall be deemed to constitute proof of the communications, orders and payments made between the parties.
In this regard, the dates and times of the server shall be conclusive between the parties.
12 - Liability
Olivolga shall not be held liable for any failure to meet orders placed where that failure is attributable to the occurrence of a case of force majeure, including in the event of a partial or total strike of the postal or transport service and in the event of catastrophes caused by floods or fires.
Olivolga shall not be held liable for any loss or damage suffered as a result of using the internet and falling wholly outside the efforts and precautions taken by Olivolga.
In particular, Olivolga may not be held liable for any interruption to the connection or any external intrusion or computer virus.
If any order is not delivered, whether wholly or in part, the visitor shall have a maximum of 15 days (from the date of the anticipated delivery date for the order) in which to submit a claim. Beyond this period, no claims will be accepted.
Similarly, any event constituting a case of force majeure as defined by the Court of Cassation shall discharge Olivolga entirely from all liability.
13 - Nominative data
Nominative data must be gathered for the purpose of processing orders from visitors to the website.
Visitors that enter their e-mail address will receive an order confirmation via e-mail and will also receive information about promotional offers and news from Olivolga.
In accordance with the Law on Information Technology and Freedoms of 6 January 1978, visitors have the right to access and object to any information concerning them.
They may exercise this right:
- By writing to the following address:
13 route de Couches
71150 CHEILLY LES MARANGES
- By writing an e-mail to:
Olivolga reserves the right to gather data on visitors to its site through the use of internet cookies.
Visitors are hereby informed that this automated information processing, including the management of e-mail addresses, has been declared to the CNIL.
14 - Intellectual property
Olivolga holds the rights to the text, general structure, images (whether animated or not), graphics and sounds of the website www.olivolga.com. The Olivolga brands and the logos present on the www.olivolga.com website are registered trademarks.
They are the exclusive property of Olivolga. Any users with their own websites who wish to place a simple direct link on their site to the Olivolga homepage, for personal use, must request a written authorization from Olivolga in advance. Any such authorization granted shall not be construed as an implied agreement of affiliation.
In any event, any link, even if it has been tacitly authorized, must be removed if so requested by Olivolga.
15 - Entirety of the contract
These general terms and conditions of sale concluded between Olivolga and the visitor constitute the entirety of the rights and obligations of the parties.
If any one of the clauses of this contract becomes null and void following a change in legislation or regulations or as the result of a legal decision, this shall not under any circumstances affect the validity and the observance of these general terms and conditions of sale.
16 - Duration
These general conditions shall apply for the entire period during which the services proposed by Olivolga remain online.
17 - Disputes
Any legal action must be brought before the competent courts of the domicile of the defendant, the place of delivery or the jurisdiction of the registered office of Olivolga.
These general terms and conditions of sale are governed by French law.