General conditions of sale
GENERAL TERMS OF SALE
General Terms of Sale (GTS) for orders placed on the website https://www.ohmybag.com by consumers
Updated 22.10.2024: We invite you to browse and download our GTS.
ARTICLE 1 – WHO ARE WE?
The company Panda & Cie offers leather goods and travel items online on the website https://www.ohmybag.com (the "Site"). Panda & Cie is a limited liability company (SARL) with a capital of €5,000.00, whose registered office is located at 21 place de la république 75003 in Paris, registered with the Trade and Companies Register (RCS) of Paris under number 802247213 VAT FR58802247213.
ARTICLE 2 – HOW TO CONTACT US?
By postal mail: Panda & Cie, 21 place de la république 75003 Paris
By phone: Our team is available at 01 30 04 99 34
By email: bonjour@ohmybag.com
ARTICLE 3 – HOW DO OUR GTS APPLY?
Our GTS apply between Panda & Cie and the Client of the website https://www.ohmybag.com. The General Terms of Sale, along with the order form and order confirmation, constitute the sales contract between the Client and Panda & Cie. The Client acknowledges having the legal capacity required to contract and purchase the products offered on the Site.
The GTS may be modified at tout time and without notice by the Seller, with changes then applicable to all subsequent orders. The applicable GTS are those in effect at the date the order is placed.
Any order placed on the website requires that the Client accepts the GTS in full and without reservation beforehand; otherwise, the Client must not use the website https://www.ohmybag.com
ARTICLE 4 – WHAT ARE THE STEPS TO ORDER?
To order Products on the website https://www.ohmybag.com, the steps are as follows:
- Account creation. The Client must create an account by providing the required information in the registration form. To this end, the Client declares to provide complete personal information, sufficient to allow precise identification in any situation. Any fictitious, defamatory, abnormal, bad faith personal information, any fraud or attempted fraud may result in suspension and/or closure of the Client's account and cancellation of their Order. When creating their account, the Client chooses a username and password which are personal to them. This account will be accessible at tout time by the Client using their credentials. The Client is responsible for all actions carried out on the website using their username and password. Tout registered user on the Site will be bound for all Order placed by entering your login details, subject to the right of withdrawal under Article 8 of these terms.
- Identification. The Client can place an Order, in French, directly on the Website https://www.ohmybag.com, after entering their login details.
Product selection. By browsing through the different sections of the Website, the Client can add the products of their choice to their panier shopping cart by clicking on the "Buy" button. At tout time and until the overall order confirmation, the Client can change their mind, modify quantities, and cancel one or more of the selected Products. Each step necessary for the sale is specified on the Website. Any information about the Products can be provided, and any Order can also be placed by the Client, in French, directly with Customer Service at: 01 30 04 99 34.
Validation of the panier. Once the contents of their panier shopping cart are validated, the Client will confirm their Order by completing all requested information, declaring acceptance without reservation of the entire General Terms and Conditions of Sale, validating it by payment. The validation of the Order by the Client's "double click" constitutes acceptance of the prix and characteristics of the Products purchased by the Client.
Acceptance of the GTC. The Client declares that they have read and accepted these General Terms and Conditions of Sale before placing their order. Therefore, validating their order constitutes acceptance of our GTC.
- Payment. A summary of the client's order information and the General Terms and Conditions of Sale will be sent to them in PDF format via the order confirmation email.
ARTICLE 5 – HOW ARE THE PRIX INDICATED?
The prix of our products are indicated in euros, all taxes included (VAT + eco-participation tax) excluding handling and shipping fees.
For all products shipped outside the European Union and overseas territories, the prix will be calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be applicable; These duties and amounts are not the responsibility of Panda & Cie. They will be borne by and are the responsibility of the client, both in terms of declarations and payments to the competent authorities and organizations of the delivery country. We advise you to inquire about these aspects with your local authorities.
Panda & Cie reserves the right to modify its prix at tout time, but products will be invoiced based on the rates in effect at the time of your order validation.
The products remain the property of Panda & Cie until full payment of the prix. We remind the client that at the moment they physically take possession of the ordered products, the risks of loss or damage to the products are transferred to them.
ARTICLE 6 – AVAILABILITY
Our offers of products are valid as long as they are visible on the site, subject to available stock excluding promotional operations mentioned as such on the sites. In the event of a product unavailability after placing your order, we will inform you by email or phone. We will offer you substitute products (colors, models). If none of our suggestions are suitable, the order will be refunded.
ARTICLE 7 – DELIVERY - RETURN
Generalities
Products are delivered to the delivery address indicated by the Customer during the order placement process, except for delivery restrictions indicated in the "Delivery" section, within the timeframe indicated on the order confirmation page by the Customer.
The delivery time corresponds to the shipping time indicated on the Article sheet plus the processing and transit time.
In case of delivery by a carrier to the Customer requiring an appointment, the carrier must contact the Customer as soon as possible to arrange a delivery appointment. Panda & Cie cannot be held responsible for delivery delays exclusively due to the Customer's unavailability after several appointment proposals by the carrier.
When the Customer orders several products at the same time and they have different delivery times, the delivery time of the order is based on the longest delay. However, Panda & Cie reserves the right to split shipments. In case of shipping delay, an email will be sent to the Customer. In case of delivery delay, a new delivery time will be proposed by email.
In tout any case, in accordance with legal provisions, in case of delivery delay, the Customer notably has the possibility to terminate the contract under the conditions and terms defined in Article L 216-6 of the Consumer Code.
In this case, if the Customer has received the product, after cancellation, we will proceed to refund the product and the "return" costs under the conditions of Article L 216-3 of the Consumer Code.
We invite the Customer to regularly check their order tracking and to contact Customer Service for any questions.
We remind the Customer that at the moment they physically take possession of the ordered products, the risks of loss or damage to the products are transferred to them.
You benefit from the legal withdrawal period of 14 days from the receipt of your order or from the notice of availability of your package. In case of withdrawal or dissatisfaction, return shipping costs are offered, except when several items are returned. (a flat rate of 10 euros per returned item will be deducted from the refund of the items)
You can directly download a return form via a link that will be sent to you. In case of a request for after-sales service coverage, it is imperative to contact us (email, phone, customer area) in order to provide you with the appropriate procedure.
The packaging dimensions must be appropriate and the items returned in the same condition as upon receipt (packed, protected, not folded with all accessories: shoulder strap, decorative elements, ...).
We draw the customer's attention to: in the case of delivery to a point relay point and if the package has not been picked up within the allotted time (usually 8 days) despite reminders by email and SMS, Panda & Cie reserves the right to withhold a flat fee of 10 euros if the order is to be refunded.
Reservations
When the consumer entrusts the goods to a carrier other than the one proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer upon handing over the goods to the carrier. In other cases, tout the risk of loss or damage to the goods is transferred to the Customer at the moment when the latter or a third party designated by them, other than the carrier proposed by the seller, takes physical possession of these goods. It is advised that the Customer refuse delivery if the merchandise is damaged, missing, or if the package has been opened or reconditioned. In case of loss or damage, the Customer must make precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or their employees and send a registered letter to the carrier listing the reservations within 3 days following delivery.
ARTICLE 8 – PAYMENT
We remind the customer that validating their order implies the obligation to pay the indicated prix. The prix is payable in full, at the time the order is placed. Tout payment made to Panda & Cie cannot be considered a deposit.
Payment for purchases can be made using the payment methods accepted by Panda & Cie, indicated and visible in the “Payment methods” section. Panda & Cie reserves the right, in case of payment incident or non-compliance with the above payment conditions, to suspend or cancel the delivery of ongoing orders made by the Customer. The Customer may never, on the grounds of a claim made by them, withhold all or part of the amounts owed or make a set-off.
ARTICLE 9 – SECURITY
Our site is subject to a security system.
We have adopted the SSL encryption process, but we have also strengthened all scrambling and encryption procedures to protect as effectively as possible all sensitive data related to payment methods.
ARTICLE 10 – RIGHT OF WITHDRAWAL
Withdrawal period - 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.
Notification of withdrawal - To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email, Panda & Cie, 21 place de la république 75003 Paris, bonjour@ohmybag.com, 01 30 04 99 34). You may use the withdrawal form template, but it is not mandatory. To meet the withdrawal deadline, it is enough that you send your communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal. In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery charges (except for additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and in tout condition, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will proceed with the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different method; in tout condition, this refund will not incur any fees for you. We may withhold the refund until we have received the goods or you have provided proof of shipment of the goods, the date considered being the first of these events.
Return of products. You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract. This deadline is considered met if you return the goods before the expiration of the fourteen-day period.
Return costs. Return costs are free. You can download a return slip directly from the website https://www.ohmybag.com
Exception: in the case of an order containing more than 1 item and for which several items are returned (example: order of 3 items, 1 item is kept and 2 items are returned), you can download a return slip but the return costs will be deducted from the order refund.
Liability. Your liability is only engaged with regard to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
Exclusions - The right of withdrawal is excluded for products and services listed in Article L221-28 of the Consumer Code.
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract.)
To 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 (*) listed below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper) :
Date :
(*) Delete as appropriate.
ARTICLE 11 – LEGAL GUARANTEES
Professional responsible for legal guarantees:
- Name: Panda & Cie
- Postal address: 21 place de la république 75003 Paris
- Telephone contact: 01 30 04 99 34
- Email address: bonjour@ohmybag.com
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 only has 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 only has 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 necessary, to provide all updates necessary 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 may obtain a reduction of the prix purchase price by keeping the good or terminate the contract by being fully reimbursed upon return of the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good occurs after a delay of thirty days;
3° The repair or replacement of the good causes major inconvenience to the consumer, particularly when the consumer permanently bears the costs of recovery or removal of the non-compliant good, or bears the costs of installation of the repaired or replacement good;
4° 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 that the price reduction or contract termination be immediate. The consumer is then not required to request repair or replacement of the good beforehand.
The consumer is not entitled to terminate the sale if the conformity defect is minor.
All The immobilization period of the goods for repair or replacement suspends the warranty that remained until the delivery of the restored goods.
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 conformity warranty is subject 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 under 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 goods are kept or to a full refund upon return of the goods.
ARTICLE 12 – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, artworks, and images reproduced or represented on the website https://www.ohmybag.com of Panda & Cie are strictly reserved under copyright law as well as intellectual property rights worldwide.
The company names, trademarks, and distinctive signs reproduced on the Panda & Cie website are protected under trademark law. The reproduction or representation of tout or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark holder.
ARTICLE 13 – LIABILITY
The products offered comply with current French legislation. Panda & Cie's liability cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example, in case of prohibition of a title or a product). It is the customer's responsibility to verify with local authorities the possibilities of import or use of the products or services the Customer intends to order.
We invite the Customer to refer to the description of each product to know its precise characteristics, and in case of doubt, if the Customer wishes for additional information, they should contact us via the contact form at the bottom of the page or by email.
ARTICLE 14 – DISPUTES
Consumer mediation. In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation scheme. The chosen mediation entity is: SAS CNPM - MEDIATION - CONSUMPTION. In case of dispute, the consumer can file a complaint on the website: http://cnpm-mediation-consommation.eu or by postal mail by writing to CNPM - MEDIATION – CONSUMPTION 27, avenue de la Libération – 42400 SAINT-CHAMOND
European online dispute resolution platform. The consumer is informed of the existence of the online dispute resolution (ODR) platform and the possibility to use it to settle their dispute. Electronic link to the ODR platform: https://ec.europa.eu/consumers/odr/
Applicable law and competent courts. The This contract is subject to French law and French courts without excluding the application of mandatory legislative rights granted to consumers or a more protective mandatory law by a foreign judge seized by a consumer from the corresponding country. The language of this contract is French.
For any complaint, please contact us via the contact form at the bottom of the page or by email.
ARTICLE 15 – PRIVACY POLICY - PERSONAL DATA
For more information, please consult our privacy policy.
The data controller is the company Panda & Cie.
The data collected during an order are identification data (name, first name, email, phone, address) and connection data.
The purposes of the processing implemented are: the management of the order and the commercial and financial relationship with the Client.
The data may be transmitted to companies that contribute to these relationships such as those responsible for executing services and orders for their management, execution, processing, and payment.
This information and data are kept strictly for the duration of managing the commercial relationship. Data allowing the establishment of proof of a right or contract, or kept in compliance with a legal obligation, are retained in accordance with current provisions.
Rights of individuals. The Client has the right to access, rectify, erase, limit, port, oppose, and define the fate of their personal data. The client just needs to write to us indicating their name, first name, email, and if possible, their client reference. When the processing is based on consent, the Client is informed of the right to withdraw their consent at any time. The Client has the right to file a complaint with a supervisory authority, such as the CNIL in France. The consumer is informed of their right to register on the telephone marketing opposition list.