Legal notices
ARTICLE 1 – DEFINITIONS
- Client: tout professional or natural person capable, or legal entity, who visits the Site subject to these general conditions.
- Services and Offerings: https://www.ohmybag.com provides Clients with:
- Content: All elements constituting the information present on the Site, including texts – images – videos.
- User: Internet user connecting to and using the aforementioned site.
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
ARTICLE 2 – PRESENTATION OF THE WEBSITE
Pursuant to article 6 III of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website https://www.ohmybag.com are informed of the identity of the various parties involved in its creation and maintenance:
- Owner: SARL Panda & Cie with a capital of 5000€
- Registered office: 21 Place de la république 75003 Paris
- Publication manager: Ludovic Fromaget – ludovic@ohmybag.com
- Webmaster: Alioze - hello@alioze.com
- Host: Shopify Inc
ARTICLE 3 – GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may in no way reuse, assign or exploit for their own benefit tout or part of the elements or works of the Site.
Use of the site https://www.ohmybag.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at tout time, so users of the site https://www.ohmybag.com are therefore invited to consult them regularly.
This website is normally accessible at tout time to users. However, an interruption for technical maintenance may be decided by https://www.ohmybag.com, which will then strive to communicate in advance to users the dates and heures of the intervention. The website https://www.ohmybag.com is regularly updated by https://www.ohmybag.com responsible. In the same way, the legal notices may be modified at tout time: nevertheless, they are binding on the user who is invited to refer to them as often as possible in order to take notice of them.
ARTICLE 4 – INTELLECTUAL PROPERTY AND COUNTERFEITING
Panda & Co. owns the intellectual property rights and holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of tout or part of the site's elements, regardless of the means or process used, is prohibited, except with prior written authorization from: https://www.ohmybag.com.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting counterfeiting and prosecuted in accordance with the provisions of the Intellectual Property Code.
ARTICLE 5 – LIMITATIONS OF LIABILITY AND REPORTING
Panda & Co. acts as the publisher of the site. https://www.ohmybag.com
We make our best efforts to ensure that the content of our site complies with current regulations.
We invite you to report tout illegal content as soon as possible and in the forms prescribed by law.
To report inappropriate content:
- By email to bonjour@ohmybag.com
- Public platform: https://www.internet-signalement.gouv.fr/phaross1/
Panda & Co. cannot be held responsible for direct or indirect damages caused to the User's mat device during access to the website https://www.ohmybag.com, resulting either from the use of a mat device that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Panda & Co. also cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://www.ohmybag.com. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.ohmybag.com reserves the right to delete, without prior notice, tout content posted in this space that would violate applicable French legislation, particularly the provisions relating to data protection. If necessary, https://www.ohmybag.com also reserves the right to hold the user civilly and/or criminally liable, especially in the case of messages with racist, offensive, defamatory, or pornographic content, regardless of the medium used (text, photograph, etc.).
ARTICLE 6 – PRE-CONTRACTUAL INFORMATION
6.1. Essential characteristics
The website https://www.ohmybag.com aims to provide information concerning all activities of the company. https://www.ohmybag.com strives to provide information on the site https://www.ohmybag.com that is as precise as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updating, whether caused by them or by third-party partners who provide this information.
All information indicated on the site https://www.ohmybag.com is subject to change. Furthermore, the information on the site https://www.ohmybag.com is not exhaustive. It is provided subject to modifications made since its online publication.
The essential characteristics of each item sold are detailed on the product sheets.
Contractual limitations on technical data: The site uses JavaScript technology. The website cannot be held responsible for mat damages related to the use of the site. Additionally, the user of the site agrees to access the site using a recent mat, free of viruses, and with an up-to-date latest generation browser. The site https://www.ohmybag.com is hosted by a provider located within the European Union. The objective is to provide a service that ensures the best accessibility rate. The host guarantees the continuity of its service 24 Heures a day, every day of the ann year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, notably for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate traffic deemed abnormal. https://www.ohmybag.com and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or mat IT and telephony equipment, notably linked to network congestion preventing access to the server.
6.2. Prix
The prix of the products is displayed on the product sheet. Delivery charges vary depending on the chosen delivery method and are displayed when selecting the delivery method.
6.3. Delivery time
https://www.ohmybag.com/policies/shipping-policy
6.4. Identity of the professional
- Company name: Panda & Cie
- Legal form: SARL
- RCS Paris: 802247213
- VAT: FR58802247213
- RCP: 53863561
- GTC: https://www.ohmybag.com/policies/terms-of-sale
- IDU: FR256254_01ZTSA
To contact us or for any complaints:
- Head office address: 21 Place de la République 75003 Paris
- Phone number: +33 (0) 1 30 04 99 34
- Email address: bonjour@ohmybag.com
6.5. Guarantees legal
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in case a conformity defect appears. During this period, the consumer is only required to prove the existence of the conformity defect and not the date of its appearance.
When the sales contract of the good provides for the supply of digital content or a digital service continuously for a period longer than two years, the legal guarantee applies to this digital content or digital service tout throughout the planned supply period. During this period, the consumer is only required to prove the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity obliges the professional, if applicable, to provide all necessary updates to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days following their request, free of charge and without major inconvenience to them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction of the prix purchase price by keeping the good or terminate the contract by being fully refunded upon return of the good, if:
1º The professional refuses to repair or replace the good;
2º The repair or replacement of the good occurs after a delay of thirty days;
3º The repair or replacement of the good causes a major inconvenience to the consumer, especially when the consumer permanently bears the costs of taking back or removing the non-compliant good, or bears the costs of installing the repaired or replacement good;
4º The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction of the prix price of the good or to the termination of the contract when the conformity defect is so serious that it justifies an immediate reduction of the prix or termination of the contract. The consumer is then not required to first request repair or replacement of the good.
The consumer is not entitled to terminate the sale if the conformity defect is minor.
Any period during which the good is immobilized for repair or replacement suspends the guarantee that was still running until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who maliciously obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a reduction of prix if the item is kept or a full refund upon return of the item.
6.6. Consumer mediator
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: SAS CNPM - MEDIATION - CONSUMER. In case of dispute, the consumer may submit their complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by postal mail by writing to CNPM MEDIATION CONSUMER at 27, avenue de la Libération - 42400 SAINT-CHAMOND
6.7. Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you or a third party other than the carrier and designated by you physically takes possession of the item. For more information, please consult the Terms and Conditions.
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Panda & Cie, 21 place de la République 75003 Paris, bonjour@ohmybag.com:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good (*) / for the provision of services (*) below:
- Ordered on (*) / received on (*) :
- Name(s) of consumer(s) :
- Address(es) of consumer(s) :
- Signature(s) of consumer(s) (only if this form is notified on paper) :
- Date :
(*) Delete as appropriate.
ARTICLE 7 – MANAGEMENT OF PERSONAL DATA
See the privacy policy: https://www.ohmybag.com/policies/policies/privacy-policy
ARTICLE 8 – APPLICABLE LAW
- Consumers: French law applies without excluding the application of mandatory legislative rights granted to consumers or a more protective mandatory law by the foreign judge seized by a consumer from the corresponding country.
- Professionals: French law applies
ARTICLE 9 – COMPETENT COURTS
- Consumers: Tout dispute will be submitted to the competent courts
- Professionals: Exclusive jurisdiction of the Commercial Court of Paris
ARTICLE 10 – UPDATE
This legal notice page may be modified at tout time, in particular to take into account the evolution of our sites, regulations, doctrine or tout other reason deemed necessary.