Legal notices
ARTICLE 1 – DEFINITIONS
- Customer: any professional or individual with legal capacity, or legal entity, who visits the Site to which these general terms apply.
- Offerings and Services: https://www.ohmybag.com makes available to Customers:
- Content: all elements that make up the information present on the Site, including text, images, and videos.
- User: internet user who connects to and uses the above-named 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 – WEBSITE PRESENTATION
Pursuant to Article 6 III of French Law No. 2004-575 of June 21, 2004 on 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 monitoring:
- Owner: SARL Panda & Cie with share capital of €5,000
- 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 TERMS OF USE OF THE SITE AND SERVICES OFFERED
The Site constitutes a work of authorship protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer, or exploit for their own account all 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 any time, so users of the site https://www.ohmybag.com are invited to consult them regularly.
This website is normally accessible to users at all times. However, https://www.ohmybag.com may decide to interrupt access for technical maintenance and will then endeavor to inform users in advance of the dates and times of the work. The website https://www.ohmybag.com is updated regularly by the person responsible for https://www.ohmybag.com. Likewise, the legal notices may be modified at any time; they nevertheless apply to the user, who is invited to refer to them as often as possible in order to stay informed.
ARTICLE 4 – INTELLECTUAL PROPERTY AND INFRINGEMENT
Panda & Cie owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the site’s elements, regardless of the means or process used, is prohibited without prior written authorization from: https://www.ohmybag.com.
Any unauthorized use of the site or any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of the French Intellectual Property Code.
ARTICLE 5 – LIMITATIONS OF LIABILITY AND REPORTING
Panda & Cie acts as the publisher of the website https://www.ohmybag.com.
We make every effort to ensure that the content of our site complies with current regulations.
We invite you to report any unlawful content to us as quickly as possible and in the form prescribed by law.
To report inappropriate content:
- By email at bonjour@ohmybag.com
- Public reporting system: https://www.internet-signalement.gouv.fr/phaross1/
Panda & Cie cannot be held responsible for direct or indirect damage caused to the User’s equipment when accessing the website https://www.ohmybag.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Panda & Cie also cannot be held responsible for indirect damages (such as loss of business or loss of opportunity) resulting from use of the site https://www.ohmybag.com. Interactive areas (the option to ask questions in the contact area) are available to users. https://www.ohmybag.com reserves the right to delete, without prior formal notice, any content posted in this area that violates applicable French law, especially provisions relating to data protection. Where applicable, https://www.ohmybag.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of racist, abusive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).
ARTICLE 6 – PRECONTRACTUAL INFORMATION
6.1. Essential characteristics
The purpose of the website https://www.ohmybag.com is to provide information concerning all of the company’s activities. https://www.ohmybag.com strives to provide information on the site https://www.ohmybag.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or failures to update information, whether caused by itself or by third-party partners who provide this information.
All information shown on the site https://www.ohmybag.com may change. In addition, the information appearing on the site https://www.ohmybag.com is not exhaustive. It is provided subject to changes that may have been made since it was posted online.
The essential characteristics of each item sold are detailed on the product pages.
Contractual limitations on technical data: The site uses JavaScript technology. The website cannot be held responsible for material damage related to use of the site. In addition, the site user agrees to access the site using recent equipment, free of viruses, and with an up-to-date latest-generation browser. The site https://www.ohmybag.com is hosted by a provider within the European Union. The objective is to provide a service that ensures the best accessibility rate. The host ensures continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt hosting service for the shortest possible periods, particularly for maintenance, infrastructure improvement, infrastructure failure, or if the Offerings and Services generate traffic considered abnormal. https://www.ohmybag.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
6.2. Price
The price of products is displayed on the product page. Delivery rates vary depending on the delivery method chosen and are displayed when the delivery method is selected.
6.3. Delivery time
https://www.ohmybag.com/policies/shipping-policy
6.4. Identity of the professional
- Company name: Panda & Cie
- Legal form: SARL
- Paris Trade and Companies Register: 802247213
- VAT: FR58802247213
- Professional liability insurance: 53863561
- Terms of Sale: https://www.ohmybag.com/policies/terms-of-sale
- Unique Identifier: FR256254_01ZTSA
To contact us or make a complaint:
- Registered 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. Legal warranties
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period longer than two years, the legal warranty applies to this digital content or service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date on which it appeared.
The legal warranty of conformity entails an obligation on the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to repair or replacement of the goods within thirty days following their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the goods but the seller requires replacement, the legal warranty of conformity is renewed for a period of two years from the date the goods are replaced.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer permanently bears the cost of taking back or removing the nonconforming goods, or bears the cost of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty gives the right to a price reduction if the goods are kept or to a full refund upon return of the goods.
6.6. Consumer mediator
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file a complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by postal mail by writing to
CNPM MÉDIATION CONSOMMATION
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 take possession of the goods. To learn more, please see the Terms of Sale.
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 goods (*) / for the provision of services (*) below:
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is submitted on paper):
- Date:
(*) Delete as appropriate.
ARTICLE 7 – PERSONAL DATA PROCESSING
See the privacy policy: https://www.ohmybag.com/policies/policies/privacy-policy
ARTICLE 8 – GOVERNING LAW
- Consumers: French law applies, without prejudice to any mandatory statutory rights afforded to consumers or the application by the foreign court hearing a consumer’s case of any mandatory law offering greater protection.
- Professionals: French law applies.
ARTICLE 9 – COMPETENT COURTS
- Consumers: Any dispute will be submitted to the competent courts.
- Professionals: Exclusive jurisdiction of the Paris Commercial Court.
ARTICLE 10 – UPDATE
This page of legal notices may be modified at any time, particularly to take into account changes to our sites, regulations, doctrine, or any other reason deemed necessary.