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Terms and conditions

PREAMBLE

The general terms and conditions are intended to define the terms of sale between the seller – OUI SMART, a Private Company Limited by Share, whose registered office is 31 rue des Sablons 78640 Villiers Saint Frédéric, FRANCE registered at the RCS FRANCE under number 818 528 911 – and the buyer, Ordering, payment and delivery to after-sales services. All orders placed on the site are subject to the present general conditions of sale. OUI SMART reserves the right to adapt or modify at any time the present terms of sale, the version of the general conditions of sale applicable to any transaction being that online on the site https://www.oui-power.com/ at the time of the order.

ARTICLE 1: THE CLIENT

The client declares to be a natural person, at least 18 years of age and having the legal capacity or holding parental authorization enabling him to place an order on the site. When recording the customer’s personal data, the client must ensure that the required data is accurate and complete. In the event of an error in the recipient’s address details, OUI SMART cannot be held responsible for the inability to deliver the product.

ARTICLE 2: PRODUCTS

The products offered for sale are those described on the site. The company OUI SMART takes the utmost care in the presentation and description of these products to best satisfy the customer’s information.

The characteristics on the descriptive pages of the products offered by OUI SMART are based on the data given by the suppliers, subject to the validity of the information. OUI SMART is committed to providing the most accurate snapshots possible, but they cannot ensure perfect compliance with the product. The photographs have an exclusively indicative value.

In the spirit of perfectibility of the site, OUI SMART encourages members to report any erroneous information that could appear on a product sheet.

In case of non-conformity of the delivered product with respect to its description on the site, the customer may either exercise his right of withdrawal or implement the guarantee of conformity of the company OUI SMART which will proceed either to the exchange or to the reimbursement of the price (in whole or in part) billed online at the site https://www.oui-power.com/ at the time of the order.

ARTICLE 3: PRICES AND IMPORT

The prices of the products are indicated without tax yet added in Euros, which means customers are liable to pay duties and taxes. (Except for France market).

Import taxes, duties and related customs fees may be charged once the customer’s order arrives to its final destination, said taxes and fees are determined by their local customs office.

Payments of these charges and taxes are the responsibility of the customer and will not be covered by OUI SMART. OUI SMART is not responsible for delays caused by the customs department in customer country. For further details of charge, customers are asked to contact their local customs office.

The prices do not include the shipping and delivery costs, nor the additional options to which the buyer would be able to subscribe in addition to the order (and any cost associated with said additions). Of course, the pre-payment order summary includes any additional recall costs (except taxes and duties)

OUI SMART reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the tariffs in force at the time of registration of the order, subject to availability. A price cannot be changed once the buyer’s order has been validated

ARTICLE 4: ORDER

The order taking on the site is subject to compliance with the procedure set up by the company OUI SMART concretized by a succession of different steps that the customer must imperatively follow to validate his order. The customer will have the possibility, before definitively validating his order, to verify the detail of his order and its total price, and to correct any errors before confirming to express acceptance. By validating the order, the customer declares to have taken cognizance and to have accepted the present General Conditions of Sale. By merit of ordering a product the customer is accepting the price and description available for sale.

OUI SMART undertakes to accept orders made via the Internet under the terms of these General Conditions of Sale and within the limit of available stocks.

Despite all the precautions implemented, a product ordered and purchased could be unavailable.

 

In the event of an unavailability of a product ordered before the end of the shipment, OUI SMART informs the buyer by email within a maximum of one week, within which period this product could be delivered. In any case, the delivery of a product cannot exceed twelve days, subject to the full payment of the price.

In the event of permanent unavailability, OUI SMART undertakes to reimburse the product in full, by automatic transfer to the account with which the buyer has paid his order, in as soon as possible, at the latest within thirty days from the date of payment of the order.

An email will be sent to the buyer to indicate that his card has been credited and that his purchase is now refunded.

All orders will be considered only after receipt of payment and will be confirmed by OUI SMART by email. In certain cases, such as default of payment, wrong address or other problem on the buyer’s account, for non-conforming or doubtful orders, as well as those from a customer with whom there is any dispute, OUI SMART Reserves the right to block the buyer’s order until the problem is solved.

Generally speaking, there is an express agreement between the purchaser and https://www.oui-power.com/ that the e-mails will be deemed authentic as well as the automatic recording systems used on https://www.oui-power.com/ , including the nature and date of the order.

Any modification of the order requested by the buyer can only be taken into account if it has reached OUI SMART by e-mail before the generation of the sending note.

ARTICLE 5: PAYMENT

Payment for products purchased from OUI SMART via https://www.oui-power.com/ is required in full at the time of order.

Payment is made by credit card through the secure payment module integrated into the website, by a bank. An invoice will be drawn up by the OUI SMART Company and made available to the customer for printing

ARTICLE 6: DELIVERY

The delivery time delays are indicated in the confirmation of the order that the buyer will receive by mail. OUI SMART undertakes to do everything possible to deliver the products ordered in the shortest time possible. The average delays communicated vary according to the availability of the goods and remain indicative. The delivery time is taken into account from the delivery of the package of products to Carriers.

The delivery is made to the delivery address indicated by the customer, it being specified that this must be:

– the address of residence of the client or any other natural person of his choice. In case of absence, the addressee is notified by way of notice.

 

The information stated by the buyer, when taking an order, commits the customer in the following ways:

In the event of an error in the addressee’s address, OUI SMART cannot be held responsible for the impossibility of delivering the product.

In no case can a delay or multiple delays result in a refund.

Import taxes, duties and related customs fees may be charged once customer order arrives to its final destination, which are determined by their local customs office.

Payments of these charges and taxes are the responsibility of the customer and will not be covered by OUI SMART. OUI SMART is not responsible for delays caused by the customs department in customer country. For further details of charge, customers are asked to contact their local customs office.

The buyer is obliged to refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, the buyer must issue precise and detailed written reservations on the carrier’s delivery note in the presence of the carrier or his employees. The buyer must then send the carrier a registered letter containing the reservations within 3 days of delivery.

The goods accepted without reservation by the consignee at the time of delivery and / or in the absence of a letter addressed to the carrier within 3 days, are deemed to have arrived in good condition and in full (number of pieces, identity in relation to the order, Etc.). No claim can be made by the buyer after the above mentioned time frame and OUI SMART can in no way be held liable.

In the event of non-receipt of a package within seven working days of the date of shipment indicated in the notification of dispatch that we will have sent you, the Customer, must first check on the site of Carriers the Information on the location of the package and, if necessary, to the post office that serves it.

If you have already done the above, please contact us by e-mail at our Customer Service. An inquiry will then be opened at the post office, which will take several days (approximately 3 to 4 weeks). During this period, no refund or return can be made. If, at the end of the investigation, the parcel has not been found, Carriers will consider the parcel as lost. If this is the case, at the close of the investigation, we will send you a replacement product at our expense.

If your postal address does not contain your address and the parcel is returned to us, the OUI SMART Company cannot be held responsible and the costs of a new shipment will be yours. You have the means thanks to the tracking number to track your parcel in transit. Within 2 weeks of the non receipt of your parcel, you have the responsibility to Make the delivery of the parcel possible.

In case of receipt of a clearly damaged package (already open, missing products …), the Customer must absolutely open the parcel in the presence of an employee of Carriers in order to eventually verify the damage: the post office manager must Then to establish a notice of spoliation with opening of investigation, specifying “parcel refused: goods damaged during the transport”.

Upon receipt of the survey result (approximately 3 to 4 weeks), if it concludes that the package has actually been damaged during transport, we will send you the same item free of charge. Attention: if the Customer opens the package alone (without the presence of an employee of Carriers), the spoilage insurance will be automatically rejected by the postal services, and no exchange or refund can take place. OUI SMART is not responsible for these instructions, which are simply the application of the general conditions of sale of the post and the transport services

ARTICLE 7: RIGHT OF REVOCATION AND REIMBURSEMENT

The buyer has a period of fourteen days (14 days), from the delivery of his order, to return the delivered item in order to exchange or refund without penalty, with the exception of the return costs that remain to be paid.

The customer must return the new products (in their original packaging, unused, and intact) with the order number to the address given by the customer service team.

OUI SMART will reimburse the customer for any sums already paid, less any shipping costs, subject to compliance with the above mentioned conditions. Reimbursements of the products will be made by OUI SMART within a maximum period of 30 days after receipt by the company of these products. The refund will be made according to the same method of payment used by the customer at the time of his order or by the delivery of a purchase order.

ARTICLE 8: APPLICABLE LAW

All the clauses of the present General Conditions of Sale, all transactions and purchases made from the website https://www.oui-power.com/ are subject to French law.

The court of jurisdiction in the event of a dispute shall be the court within whose jurisdiction the registered office of OUI SMART is located.

Should one of the clauses or provisions of these General Terms and Conditions be annulled or declared unlawful by a final court decision, such nullity or illegality shall not affect the other clauses and provisions which shall continue to apply.

In case of difficulty or complaint during an order, the customer can contact the company OUI SMART to find an amicable solution.

Article 9: Personal data

The creation of a customer account on the website https://www.oui-power.com/ requires the buyer to communicate a certain number of personal data concerning him / her.

This data necessary to process the order and to manage the commercial relations of the company OUI SMART with its customers are secured, kept confidential and are not the object of any commercial use by third parties. The databases relating to the storage of customer information are not constituted for the purpose of resale or commercial exploitation by a third party.

 

In accordance with Law relating to data processing, files and freedoms, the buyer has the right to access, rectify and delete data concerning him and the right to oppose the usage of said data. To exercise this right, the purchaser may contact OUI SMART – 31 RUE DES SABLONS – 78640 VILLIERS SAINT FREDERIC FRANCE

ARTICLE 10: RESPONSIBILITY

For all stages of access to the site, consultation, filling out forms, ordering, delivery of items or any other service, OUI SMART Company has only an obligation of means. Consequently, the responsibility of https://www.oui-power.com/ cannot be engaged for all the disadvantages or damages inherent to the use of the Internet network and totally external to the diligences and precautions taken by https://www.oui-power.com/ . In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, can not incur the responsibility of https://www.oui-power.com/ . Similarly, any act characterized as force majeure.

ARTICLE 11: INTELLECTUAL PROPERTY

All elements of the OUI POWER site are and remain the intellectual and exclusive property of OUI SMART.

Therefore, none of the materials from the website https://www.oui-power.com/ can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.

Any person who has a personal website and who wishes to place a simple link for his own use on his site directly linking to the homepage of the website https://www.oui-power.com/ , Must authorize the company to OUI SMART. In no case will this be an implicit agreement of affiliation.

ARTICLE 12: WARRANTIES

All products on sale at https://www.oui-power.com/ benefit from the legal guarantee of conformity and the guarantee against the hidden defects  allowing the buyer to obtain a substitute product if the latter proves, after examination, to be defective or not in conformity. A participation in the shipping costs will be requested from the customer for the replacement of the defective product.

Only the manufacturer is responsible for product safety. Only suppliers guarantee that the products presented for sale are in conformity with the description communicated and that they present no hidden defect rendering them unsuitable for their normal use. The only contractual guarantee is that granted by the supplier. OUI SMART therefore declines all responsibility in case of error of a description of a product, taking into account that the clichés and descriptions illustrating the products for sale are only indicative value.

OUI SMART cannot be held liable for any damage resulting from misuse or malfunction.

In addition, OUI SMART’s liability cannot exceed the amount of the product ordered.

No indemnity may be claimed outside those provided for in the Consumer Code.

If a problem arises, the buyer first contacts OUI SMART in order to obtain an amicable solution. In the event of a dispute, OUI SMART will indicate relevant courts laws to the customers.