These General Conditions of Sale apply to deliveries of products purchased from the Ogustina Online Store, made in Metropolitan France.

PARTIES & CHARTERS

This website accessible at the address "https://www.ogustina.com" (hereinafter referred to as " Ogustina Online Store") is published by Ogustina whose head office is located at 21 rue de la paix 68170 Rixheim and the company number is 880 494 737 .

The Products you purchase through the Ogustina Online Store are sold to you by Ogustina .

Ogustina attaches great importance to the protection of users' personal data.

The protection of users' personal data is of the utmost importance to us. Purchasing products from the Ogustina Online Store implies that you accept the Ogustina Online Store's personal data charter. We invite you to consult the personal data charter for information on how Ogustina collects and processes the personal data of users of the Ogustina Online Store.

The offers of the Ogustina Online Store are exclusively intended for consumers. Regarding any purchase made in a professional context, we invite you to contact Ogustina. Your purchases of Products within the Ogustina Online Store are governed by these General Conditions of Sale.

ABOUT THESE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale apply to all orders and purchases made in the Ogustina Online Store. In the context of purchases made in the Ogustina Online Store, Ogustina will be required to communicate with you electronically via emails or other electronic messages. By using an online offer principle, you agree that all statements, notices, information and other communications will be sent to you electronically unless there is a legal provision requiring the use of a written document. You agree that any exchange made electronically, under these General Terms and Conditions of Sale, has the same evidentiary value as exchanges made by registered mail with acknowledgment of receipt. In the event of a dispute, the authentic document will be the one stored in our computer system. These General Terms and Conditions of Sale may be subject to change. The effective date of the applicable General Terms and Conditions of Sale is indicated in the Ogustina Online Store. Any modification to the General Conditions of Sale will only apply to orders placed after this effective date.

Prior to any order, you must in all cases actively accept these General Conditions of Sale.

PERSONAL ACCOUNT

You must create a user account (personal user identification or user name). It is your responsibility to ensure that your password is kept confidential and that access to it is restricted; transactions and purchases made through your account are deemed to have been made by you. As soon as you become aware of any misappropriation or unauthorized use of your password, please inform us immediately so that appropriate measures can be implemented.

ORDER

For the purposes of making a purchase of Products, you must:

• follow the ordering process, including by accepting these General Conditions of Sale and the personal data charter of the Ogustina Online Store;
• provide your name and address, telephone number, email address, payment information and any other required information;
• provide a valid shipping address; and
• be the holder or authorized holder of a valid debit/credit card when paying using this method of payment;
• have a valid PayPal account when paying using this payment method.

You can place an order by clicking the “add to cart” button and going to the checkout page.

You agree that your order(s) constitute(s) an offer to purchase the Product(s) listed in your order under these General Terms and Conditions of Sale. Each order for a Product is deemed to constitute a separate sale. All orders are subject to confirmation by Ogustina , which may not be refused except for legitimate reasons (including in particular a possible fraudulent order).

Before confirming your order(s), you will be able to review your order(s), then must read and accept the General Conditions of Sale, check the total price of your order(s) and other information provided by you and, if necessary, correct any input errors.

PROCESSING OF ORDERS AND CONCLUSION OF CONTRACT

Once your order has been confirmed by you within the Ogustina Online Store, Ogustina will send an email to the email address provided by you, in order to acknowledge receipt of your order(s) and to include the details of the Product(s) ordered (Order Receipt Confirmation email). This email does not constitute acceptance of your order(s) – but only confirmation that Ogustina has received it.

After receiving your order(s) and sending the email confirming receipt thereof, Ogustina will check the availability of the Product(s) concerned. In practice and when you place an order, we are able to inform you immediately of the availability of the products. However, due to possible multiple orders and logistical constraints, we cannot exclude the possibility that a given Product may be unavailable when you order. In this case, we will inform you of its unavailability and no charge will be made for the product concerned.

The sale between you and Ogustina is complete from the moment Ogustina sends you an email confirming the availability and shipment of the Product(s), in whole or in part (Shipping Confirmation email).

Ogustina does not keep an accessible history of successive versions of these General Conditions of Sale but will send you an email containing the General Conditions of Sale applicable to each purchase within the Order Confirmation email, which we invite you to keep.

You may cancel your order at any time prior to receiving the Shipping Confirmation email by contacting Ogustina Online Store Customer Service. Please also see the Legal Notice section.

PRICES, SHIPPING , DELIVERY CHARGES AND TAXES

The prices are referred to on the pages presenting/detailing each Product at the time you place your order, will be indicated on the page requiring confirmation of your order as well as in the email confirming receipt of the order.

The prices of the Products are inclusive of all taxes but exclusive of shipping and delivery costs.

Shipping and delivery costs as well as the corresponding VAT will be indicated before your order confirmation as well as in the order confirmation email. Shipping costs depend on the delivery location and the shipping method selected by you during the checkout process.

PAYMENT

Payment must be made by one of the following methods, selected by you during the checkout process: VISA or MasterCard.

For credit cards (Visa, MasterCard), an “authorization” is required when you pay.

Accepted credit/debit cards are also listed at the bottom of the Ogustina Online Store. If Ogustina does not receive the required authorization, Ogustina reserves the right to cancel your order.

Payment for your purchase will be deemed to have been made using the relevant bank card once Ogustina has sent you the Shipping Confirmation email.

DELIVERY

Delivery generally takes place within 3 to 5 working days for standard delivery from the sending of the Order Confirmation email, provided that your payment has been received before 12:00 p.m. on the same day as the order. This period is given as an estimate. In all cases, the delivery time cannot exceed 30 working days from the sending of the Order Confirmation email.

Ogustina reserves the right to change the carrier in charge of delivering your order and, in this case, no additional costs will be charged to you. For Express Delivery, please select this delivery method. In all cases, the carrier's shipping costs are passed on to you without additional costs and are brought to your attention when you place your order.

Each delivery will be preceded by the sending by e-mail of the corresponding invoice. If you delay without legitimate reason the delivery or delay the receipt of the delivery after Ogustina has informed you that it has attempted to have your order delivered, or if you have provided an incorrect delivery address preventing delivery, the package will be returned to Ogustina .

Ogustina shall not be held liable for any delay or failure to execute the sale in the event of force majeure, including war, acts of terrorism, strikes, national or local states of emergency, transport failure, power or service outages, earthquakes or other natural disasters.

If the Products you have received do not correspond to those you ordered, or if your order is incomplete or damaged during transport, you must make all necessary reservations upon delivery.

Additionally, please contact Ogustina Customer Service immediately by email or phone for any assistance required.

PRODUCT AVAILABILITY

Ogustina makes every effort to ensure that the Products you wish to order from the Ogustina Online Store are available.

If the Product you ordered is unavailable, the sale between you and Ogustina will NOT be formed in respect of the relevant Product and that Product will not be referred to in the Shipping Confirmation email sent to you.

PRODUCT DESCRIPTION

The characteristics of the Products are referred to within the Ogustina Online Store. Only this information is deemed to be valid for the Products. Do not rely on any other website (or any other source of information) concerning the Products; use the Ogustina Online Store as the sole reference for the description of the Products you intend to purchase.

TRANSFER OF RISKS

The transfer of risks relating to the Products occurs upon delivery of the Products.

RIGHT OF WITHDRAWAL, RETURN & EXCHANGE

Right of withdrawal

You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise your right of withdrawal, you must inform us by sending a letter to Ogustina , 21 rue de la paix 68170 Rixheim. For customers in France and Europe, send an e-mail to contact@ogustina.com, informing us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

In the event of withdrawal on your part, the terms and costs of return remain the responsibility of the customer.

Please have your order number ready and contact us via our contact form or by email to contact@ogustina.com

Once we have received the returned products, we will reimburse all payments received from you, including delivery costs (except for the supplementary costs arising if you have chosen a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than thirty days from the day on which we receive the returned products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.

You remain liable for any diminished value of the items resulting from handling other than what is necessary to ensure the nature, characteristics and proper functioning of the items.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to items manufactured to your specifications or clearly adapted to your personal needs.

Without prejudice to your right of withdrawal and if for any reason you are not completely satisfied with your purchase on the Ogustina Online Store, you can return the items purchased within 14 days of delivery in order to be refunded.

If you fail to return the Product in accordance with the above, Ogustina reserves the right to charge you for the costs incurred in arranging its collection. Ogustina further reserves any right to compensation for Products returned in a used or damaged condition.

Once your returned items have been received and accepted by Ogustina , Ogustina will confirm receipt by email. The refund will then be processed and confirmed by email. The refund will normally be made within fifteen (15) days of receipt of the aforementioned email.

If you wish to return multiple Products from the same initial order, you must return them together so that shipping costs are free.

WARRANTIES AND STATUTORY RIGHTS

You have statutory guarantees in accordance with the following provisions:

Article L.211-4 of the Consumer Code

The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been placed in his charge 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 property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

• correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.211-9 of the Consumer Code

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L.211-10 §1 of the Consumer Code

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;

Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use it seeks. The sale cannot, however, be cancelled if the lack of conformity is minor.

Article L.211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it or would have paid a lower price for it if he had known of them.

Article 1648 1§ of the Civil Code

The action resulting from latent defects must be brought by the purchaser within a period of two years following the discovery of the defect.

Please keep your order confirmation/invoice for the Products or forward it to the recipient of your purchases to whom you have given them as a gift, as proof of purchase allowing the guarantees to be activated.

INDEPENDENCE OF CLAUSES

If any provision of these General Terms and Conditions of Sale is found to be unlawful, void or, for any reason, unenforceable, that provision will be deemed severable from these General Terms and Conditions of Sale and this will not affect the validity or enforceability of the remaining provisions. The unlawful, void or, for any reason, unenforceable provision will be replaced by a valid provision that is as close as possible to it in terms of its general economy.

CONTACT DETAILS

Ogustina Customer Service is here to assist you with any questions or complaints regarding an order placed on the Ogustina Online Store.

You can contact Ogustina by email (contact@ogustina.com), via the contact form on the Ogustina Online Store or in writing to: Ogustina , 21 rue de la paix 68170 Rixheim.

APPLICABLE LAW AND DISPUTE RESOLUTION

These General Conditions of Sale and any sale of Products made within the Ogustina Online Store are governed by French law.

In the event of a dispute or litigation, you have the option of resorting to a mediation procedure or any other alternative dispute resolution mechanism.

LANGUAGES

These General Conditions of Sale have been drawn up in French, Spanish and English. In the event of ambiguity, the French version shall prevail.

Last updated January 25, 2025.