General Terms and Conditions
ARTICLE 1 – GENERAL
The present conditions govern the sales by the company Oh My Frog, located 2 rue des Aires, 13350 Charleval (France).
Tel : +33 (0)6 65 37 44 63
Email : Contact-us
Siren: 829 063 825
Siret: 829 063 825 00014
Any order placed with Oh My Frog implies unreserved acceptance by the Buyer of these general conditions of sale and waiver of its own general conditions of purchase, unless otherwise expressly agreed in writing by Oh My Frog.
ARTICLE 2 – PRICE
The prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order) and excluding processing and shipping costs.
In case of an order to a country other than France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and amounts do not fall within the competence of the company Oh My Frog. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in Euros (€).
The company Oh My Frog reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
The products remain the property of the company Oh My Frog until the complete payment of the price.
Attention: as soon as you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
All documents such as prospectus, brochures, catalogs, mails emitted by Oh My Frog have only an informative and indicative value, not contractual, and cannot engage Oh My Frog except if they were expressly integrated into the order and signed by the parties.
Any modification made to an order must be the subject of a written amendment signed by all parties.
Any cancellation of an order must have the prior written consent of Oh My Frog. In any case, all related costs may be charged to the Buyer by Oh My Frog.
ARTICLE 3 – ORDERS
You can place an order:
- On this website
- By mail to Oh My Frog, 2 rue des Aires, 13350 Charleval.
The contractual information will be confirmed at the latest at the time of validation of your order.
The company Oh My Frog reserves the right not to record a payment, and not to confirm an order for some reason that it is, and more particularly in the event of problem of supply, or in the event of difficulty concerning the received order.
Offers made by written quotations issued by Oh My Frog are valid only for the period indicated on said quotations.
The order is concluded by the reception by Oh My Frog of the acceptance of the estimate by the Purchaser.
Any quotation whose acceptance is received by Oh My Frog at the expiration of the period indicated in the said quotation is null and void.
Buyer’s acceptance of quotations must be in accordance with the offer. Accordingly, any acceptance of quotations by the Buyer with reservations will be ineffective.
ARTICLE 4 – ORDER VALIDATION
Any order appearing on the Oh My Frog Internet site supposes the acceptance of the present General Terms and Conditions. Any confirmation of order involves your full and complete adhesion to the present general terms and conditions, without exception or reserve.
The whole of the provided data and the recorded confirmation will be worth proof of the transaction.
You declare that you are fully aware of this.
The confirmation of order will mean signature and acceptance of the operations carried out.
A summary of the information of your order and of the present General Conditions, will be communicated to you via the e-mail address of confirmation of your order.
ARTICLE 5 – PAYMENT
The fact of validating your order implies for you the obligation to pay the price indicated. The payment of your purchases can be made by:
- Cheque (for French redisents only) payable to “Oh My Frog – Mélanie Bezot-Trottet
- Credit card thanks to the secure system
- Bank transfer to the address indicated
- Directly online via PayPal
ARTICLE 6 – WITHDRAWAL
In accordance with the provisions of Article L.121-21 of the French Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
You are responsible for return shipping costs.
In case of exercise of the right of withdrawal, the company Oh My Frog will proceed to the refunding of the paid sums, within 14 days following the notification of your request and via the same means of payment that the one used during the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to:
- The supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
- The supply of goods made to the specifications of the consumer or clearly personalized.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other products.
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
- The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
- Transactions concluded during a public auction.
- The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
ARTICLE 7- AVAILABILITY
Our products are offered as long as they are visible on this site and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will inform you by mail. Your order will be automatically cancelled and no bank debit will be made.
ARTICLE 8 – DELIVERY
The products are delivered to the delivery address indicated during the ordering process. An email will be sent to you when the order is shipped.
In case of delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery time that was indicated to you.
In accordance with the legal provisions, in the event of delay of delivery, you benefit from the possibility of cancelling the order in the conditions and modalities defined in the article L 138-2 of the French Code of the Consumption. If in the meantime you receive the product we will proceed to its reimbursement and the shipping costs under the conditions of Article L 138-3 of the French Consumer Code.
In the event of deliveries by a conveyor, the company Oh My Frog cannot be held for person in charge of delay of delivery due exclusively to an unavailability of the customer after several proposals of appointment.
Transportation costs shall be borne by the Buyer and shall be charged to the Buyer in addition.
The delivery times are mentioned on the order and are indicative.
ARTICLE 9 – WARRANTY
In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by mail via our contact form within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions…). The shipping costs will be reimbursed on the basis of the invoiced rate and the return shipping costs will be reimbursed upon presentation of the receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided in Article 6.
ARTICLE 10 – LIABILITY
The products offered are in accordance with the French legislation. The responsibility for the company Oh My Frog could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibility of importing or using the products or services you plan to order.
In addition, the company Oh My Frog could not be held for person in charge of the damage resulting from a bad use of the bought product.
Finally the responsibility of the company Oh My Frog could not be committed for all the inconveniences or damage inherent in the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer virus.
ARTICLE 11 – APPLICABLE LAW IN CASE OF DISPUTES
The original language of this contract is French. The present conditions of sale are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 12 – INTELLECTUAL PROPERTY
All the elements of this site are and remain the intellectual and exclusive property of the company Oh My Frog. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or audio.
ARTICLE 13 – PERSONAL DATA
The company Oh My Frog reserves the right to collect nominative information and personal data concerning you. They are necessary for processing your order, as well as for the improvement of the services and information that we send you.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes in order to comply with legal and regulatory obligations.
In accordance with the French law of January 6, 1978, you have a right of access, rectification and opposition to nominative information and personal data concerning you, directly on the website.
ARTICLE 14 – ARCHIVING EVIDENCE
The company Oh My Frog will file the purchase orders and the invoices on a reliable and durable support constituting a faithful copy according to the provisions of the article 1348 of the French Civil code.
The files of the company Oh My Frog will be considered by all the concerned parties as proof of the communications, orders, payments and transactions occurred between the parties.