Last update: 2015/05/08

Except under contrary mandatory provisions such as arising from Regulation EC No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), the present terms of use are subject to French legislation.

In the event that one or more clauses of these terms and conditions become void following a change in legislation or by court decision, this cannot in any way affect the validity of the other clauses, that they would remain applicable.

Article 1: SCOPE OF APPLICATION

The present general conditions of sale (hereinafter “GCS”) apply to all electronic orders placed by acting individuals, personally, as a consumer with ORYAH directly on its website accessible at the following address: www.oryah-creations.com (hereinafter, the “Site”).

These terms and conditions are subject to change at any time by ORYAH. It is your responsibility to consult and formally accept them before ordering.

The applicable terms and conditions are listed on the Site on the day of your order and attached to your order confirmation email.

Any order placed with the Site implies the acceptance, without reservation and without condition of the terms and conditions in force at the date of the said order.

Article 2 : PRICING INFORMATION

The prices are indicated in Euros and net of tax (free of VAT).

The products and services offers are valid as long as they are visible on the site. Prices of the products and services listed on the Site are excluding costs of delivery and any other additional special services to which you would have possibly made.

Article 3 : ORDERS

The availability of products is displayed on the Site, on each product sheet.

In the event where, subsequent to the order, a product or a service would become totally or partially unavailable, ORYAH will inform you by email of such unavailability and will give you the opportunity:

• Either, if you agree, to be delivered a product or a service of a quality and a price equivalent to that order;
• Either be refunded the price of the ordered product

It is only possible to order from ORYAH online, on the Site.

Orders addressed to ORYAH by mail or by fax cannot be taken into account.

When placing your order, you must confirm it by the technique known as the “double click”: that is, after selecting products added to your shopping cart, you must monitor and possibly correct the contents of your shopping cart (in particular: identification and quantity of selected products, prices, terms and conditions and shipping), before committing, to accept these terms and conditions, and your obligation of payment of the order, and thus confirm the acceptance of your order.

3.2 Order registration

After placing your order, ORYAH will acknowledge by sending you an order confirmation email including the summary of your order, its number as well as these terms and conditions then definitively validate your order by sending you an order validation email.

ORYAH reserves the right not to validate your order for any legitimate reason, especially in the case where:

• It would not comply with these terms and conditions;
• One of your previous orders would not be fully paid;
• A dispute concerning the payment of one of your previous commands would be processed;
• Several serious and concordant elements would suggest a fraudulent order.

These emails are sent to the email address you use to login in your customer area or when ordering.

Note: If you do not receive one of the two emails above, we recommend that you contact our Customer Service.

Article 4 : PAYMENT METHODS

Online payments on the Site with ORYAH are made via the secure payment platform of our partner PAYPAL.

It is not required to create an account with PAYPAL to pay by credit card.

Your confidential information (name, address, telephone number,…) and the contact details of your credit card provided when ordering are always encrypted on the network via SSL (Secure Socket Layer) Protocol.

Article 5 : SHIPMENT AND DELIVERY

5.1 Shipment of orders

The expeditions take place within 48 hours (excluding weekends and legal holidays in France), following the receipt of the payment of your order, unless otherwise indicated in the “cart”

5.2 Shipping

5.2.1 Delivery method

The items ordered are shipped by La Poste in ready-to-post letter followed for the metropolitan France and the overseas departments. For other destinations (Germany, Belgium, Canada, Denmark, Spain, USA, Finland, Great Britain, Ireland, Iceland, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden, Switzerland), the products are shipped by La Poste in international letter.

These shipping methods allow you to track the delivery of your order online from the website at http://www.laposte.fr/particulier/outils/suivre-vos-envois

5.2.2 Delivery time

From the dispatch of orders, delivery of orders depends on the delivery times issued by La Poste and possibly local customs service times.

For the metropolitan France and the French overseas departments, the delivery deadlines are 2 working days (48h) from the shipment of your order.

For the countries of the European Economic Union, indicative delivery time is 3 days from dispatch of your order.

For other countries, the indicative delivery time is 4 to 8 days from dispatch of your order.

5.2.3 Serviced territories

ORYAH ships orders in the following countries: Metropolitan France (including Corsica), Department French of overseas (Guadeloupe, Guyana, Martinique, meeting, Saint-Martin, Saint-Barthélemy, St. Pierre and Miquelon, Mayotte), Germany, Belgium, Canada, Denmark, Spain, USA, Finland, Great Britain, Ireland, Iceland, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden, Switzerland

5.2.4 Shipping charges

Shipping charges are automatically calculated and added to the amount of your order during the validation of the cart depending on the destination.
Shipping of orders destined for the metropolitan France is paid for by Oryah.

5.2.5 Shipping delays

In case of delay in the delivery of the products ordered, ORYAH will endeavour to inform you. You can also report yourself a delay in delivery via your customer area. ORYAH undertakes to take the necessary steps to determine the cause of the delay and to find an adequate solution for the effective delivery of the products ordered as soon as possible.
In any event, in the event that, subsequent to your order, a product or a service would become totally or partially unavailable, ORYAH will inform you by email of such unavailability and you will give the possibility:
• To be delivered of a good or of a service of quality and a price equivalent to that ordered.
• Either be refunded the price of the good or services ordered at the latest within 30 days of the payment of the order.

Article 6 : RECEIPT OF THE PRODUCTS BY THE CUSTOMER

6.1 Accessories and/or missing products

Upon receipt of your package, if you notice that certain products and/or accessories are missing from your package, please contact Customer Service so that we can (s) send you a replacement as soon as possible

6.2 Damaged products

Upon receipt of the ordered products, if you notice that they are damaged, please contact Customer Service.

Article 7 : WITHDRAWAL

7.1 Principle

In accordance with the provisions of articles L. 121 – 21 and issued of the “Code de la Consommation”, you have a period of fourteen calendar days from the receipt of the final product of your order to exercise your right of withdrawal without having to justify reasons nor to pay penalties, with the exception of the expenses of return which remain your responsibility.

The transport of products being returned is your responsibility; any damage to products on this occasion denies the exercise of your right of withdrawal.

Special cases
In accordance with the provisions of article L121-21-8 of the “Code de la Consommation”, the right of withdrawal cannot be exercised for:

• Goods made to your specifications or clearly personalized.
• Goods which were unsealed after the delivery and that cannot be returned for hygiene or health protection reasons: it is for example the case of earrings.

7.2 Exercising of the right of withdrawal

In order to exercise your right of withdrawal, you must notify us your decision you retract your order.

This notification must be made in writing to our Customer Service by mail at the following address: contact@oryah-creations.com.

7.3 Exceptions

In accordance with the provisions of article L121-21-8 of the “Code de la Consommation”, the right of withdrawal cannot be exercised for:

• Goods made to your specifications or clearly personalized.
• Goods which were unsealed after the delivery and that cannot be returned for hygiene or health protection reasons: it is for example the case of earrings.

 

7.4 Refund as part of a withdrawal

Following your withdrawal request, ORYAH, in accordance with the legal provisions, will proceed to your refund within a period of 14 days following the notification of your request for withdrawal. In the absence of receipt of proof of shipping your product within this period or your product, ORYAH reserves the right to postpone your refund until the day of receipt of your product.

ORYAH will issue your refund via the same payment method as that used on the day of your order.

Article 8 : WARRANTY

All our products benefit from the legal warranty system as it is recalled by the articles reproduced in the annex, provided that the use was normal and maintenance tips have been followed.

The expenses of return will be at the customer’s expense, and will be refunded only if the responsibility of ORYAH is engaged.

Article 9 : CASUS FORTUITUS

ORYAH cannot be held responsible for the breach of an obligation resulting from the contract of sale once this breach is linked to the occurrence of an event of force majeure.

Article 10 : I.T. AND LIBERTIES

10.1 Collection and use of your personal data

ORYAH is responsible for the processing of your personal data. The information you provide to us as part of your orders are destined for ORYAH and are used for the treatment and follow-up of your orders, the VAS products ordered on our Site and marketing management, and customer relationship of your customer account.

10.2 Right of opposition, rectification or deletion of your personal data

In accordance with the provisions of the “Loi Informatique et Libertés du 6 Janvier 1978” you have at any time a right of access, opposition, rectification and deletion of your personal data about you held by ORYAH, by writing by mail and justifying your identity to:

ORYAH
Service Client
23 B Route d’Esmans
77940 Noisy Rudignon

You can claim the stamp used for the exercise of the above-mentioned rights. Simply clarify when sending your mail. The reimbursement will be made on the basis of slow tariff into force, at the rate of one stamp per envelope.