The site: www.ogoliving.com is published by the company Lebrun, a simplified joint stock company with a capital of €1,000,000, whose head office is located at chemin du lobel, 62510 in ARQUES. Registered in the Sirène register under number 57678007600013. Represented by its current director, Mr J. Levisse - E-mail address: Link to contact page.

 

Article 1 - Definitions :

The following terms used in these general terms and conditions of sale, both in the plural and in the singular, shall have the following meaning:

"Buyer" refers to the natural person who is a consumer and who wishes to order the Products for purposes that do not fall within the scope of a commercial, industrial, craft or liberal activity.

" Order " means any order placed by the Buyer under the conditions defined below. " General Conditions of Sale" or "GCS " means these general conditions of sale.

"Agreement" refers to the contract between OGO LIVING and the Buyer, consisting of the Terms and Conditions, the Product Description and the Order placed by the Buyer on the Website. OGO LIVING will archive and store the Agreement in accordance with legal requirements. If the Contract is for an amount equal to or greater than €120, OGO LIVING will keep the Contract for 5 years and will guarantee access to the Customer at any time upon request.

"Description" refers to the information sheet relating to each Product including all the information relating to the characteristics of the Products within the meaning of Article L.111-1 of the French Consumer Code, and to any processing of their elements.

" Party(ies) " means OGO LIVING and/or the Purchaser together or separately.

" Products " refers to the OGO LIVING products as described on the website " www.ogoliving.com " and in the order form. These products are intended exclusively for adults and are not toys. They are not intended to be used for play purposes, particularly by minors.

" Site " means the site accessible at: www.ogoliving.com

 

Article 2 - Purpose - scope - enforceability :

These GTC define the terms and conditions under which OGO LIVING sells tea products, tea accessories, decoration and vegetation products defined below to Buyers online. They are made available to consumers on the Site and can be consulted at any time.

Any Customer placing an order with OGO LIVING acknowledges that he/she has the capacity to enter into a contract, that he/she has read these Terms and Conditions and that he/she has fully accepted them before placing the order, in particular by ticking the box provided for this purpose.

By placing an order, the BUYER accepts the General Terms and Conditions of Sale without reservation or restriction, which prevail over any other document not expressly approved by OGO LIVING.

OGO LIVING reserves the right to change these terms and conditions without prior notice. All orders placed with OGO LIVING are subject to the terms and conditions in effect at the time the order is placed.

 

Article 3 - Product offers :

The Products offered for sale by OGO LIVING are those available at the time of placing the Order, and as shown on the Website, which includes the Product Description.

The Products comply with the provisions of French law in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.

The Products are offered and delivered while stocks last.

In case of unavailability of the ordered product, OGO LIVING will inform the Customer as soon as possible and may offer the Customer another product, a voucher for the amount of the order to be used for any future order, or a refund of the amount paid by the Customer.

OGO LIVING reserves the right to discontinue the sale of any Product listed in the sales documents and/or to modify the characteristics of these Products at any time, without prior notice and without the right to claim any damages, subject to the Orders already validated. These changes may be made at any time, including after the Customer has placed an Order, if these changes are the result of the application of any standards, texts or regulations applicable to the Products, it being specified that in such a situation, OGO LIVING will inform the Customer by any means.

The offers are reserved for consumers residing in France, in a member state of the European Union, in Monaco, and for deliveries in these same geographical areas. In case of an order from a country other than France or Monaco, the Customer is responsible for any customs duties or other applicable taxes as provided for by law. In this regard, OGO LIVING invites Customers in this situation to ask for information and/or to contact the relevant authorities beforehand.

 

Article 4 - Orders :

4.1. In order to place an order, the Customer must have the capacity to enter into a contract and must complete a registration form which requires certain information necessary for OGO LIVING to execute the contract. The Customer agrees to provide accurate and complete information. In particular, he/she shall not create a false identity or enter any information that could mislead third parties. He/she is invited to keep the information provided in the registration form confidential, in particular the e-mail address/identifier and the password. If the form is incomplete or contains incorrect information, the order cannot be processed. OGO LIVING shall not be held liable for any errors made by the Buyer.

4.2. To place an Order, the Buyer, after having filled in the shopping basket on the Site, indicating the Products selected and the quantities desired, then clicks on the "Proceed to Checkout" button and provides the information relating to his/her identification, delivery and payment method. A summary of the Order is displayed, the Buyer has the possibility to check the details of his/her Order and its total price and to go back to the previous pages to correct any errors or to modify his/her Order, then, the Buyer validates the GTC by ticking the box "I have read and I accept the general terms and conditions of sale. The fact of placing an order implies acceptance of the general terms and conditions of sale" and validates the order by clicking on the "Order" button with the obligation to pay.

The validation of the Order implies acceptance of the GTC with obligation of payment and forms the Contract.

OGO LIVING will send an e-mail to the customer confirming receipt of the order and payment as soon as possible.

The Contract thus formed shall remain in force for the duration corresponding to the obligations of each of the parties.

4.3. OGO LIVING reserves the right to refuse any order for legitimate reasons.

 

Article 5 - Prices - Terms of payment :

5.1. In accordance with the provisions of Article L. 112-1 of the French Consumer Code, OGO LIVING mentions its prices for each Product on the Site in Euros, all taxes included, excluding delivery and transport costs, these costs being mentioned before the Order is validated and invoiced in addition.

The total amount due by the Buyer (current price and applicable shipping and delivery charges on a case-by-case basis) is indicated on the Order confirmation page.

OGO LIVING reserves the right to change its prices at any time. However, OGO LIVING will charge the prices indicated when the order is placed.

5.2. The confirmation of the order implies that the customer is obliged to pay the price by credit card, cheque or bank transfer. Payment is secure, as OGO LIVING has opted for a payment system that ensures the confidentiality and security of bank transactions. 

 

Article 6 - Personalisation of Products:

In the event that the Customer wishes to personalise the Products, with the inscription of a specific wording or any other personalisation proposed by OGO Living, OGO Living undertakes to submit to the Customer a model of the presentation of the Products (hereinafter referred to as "the Prototype"), which will be produced according to the elements communicated by the Customer.

The Prototype is deemed strictly confidential.

The Prototype shall be subject to written validation by the Buyer. Any modification requested by the Buyer after the validation of the Prototype will be invoiced in addition.

After written approval of the Prototype and the print order by the Buyer, OGO Living undertakes to prepare the Orders and Products in accordance with the print order and to deliver them to the Buyer under the conditions specified in Article 7.

 

Article 7 - Delivery:

7.1. The Products are shipped by OGO LIVING to the delivery address indicated in the Order.

7.2. OGO LIVING undertakes, in accordance with the legal provisions, to deliver the Product on the date or within the period indicated to the Customer, subject to the Customer's approval of the print order in the case of a personalized Product. Unless otherwise agreed, the delivery period is fifteen (15) days from the sending of the e-mail acknowledging receipt of the Order and payment and one (1) month from the validation of the print order by the Buyer in the case of customised Products.

7.3. If OGO LIVING fails to deliver on the date or within the period stipulated in the contract, the purchaser may terminate the contract by registered letter with return receipt requested or in writing on another durable medium, if he has requested OGO LIVING to deliver in the same manner. The contract is considered to be terminated upon receipt by OGO LIVING of the letter or written notice of termination, unless OGO LIVING has performed in the meantime.
This does not apply if the delay is caused by the Customer's failure to pay in full or by the failure to approve the prototype and the print approval in the case of a customized product.

7.4. From the date of dispatch, ownership is transferred to the Buyer (subject to full payment of the price) as well as the transfer of the risks relating to the Product.

7.5. Upon receipt of the Products, the Buyer must ensure that they conform to the Order. If the Products do not conform to the Order, the Customer must send a complaint to OGO LIVING within 24 hours.

 

Article 8 - Right, time and modalities of withdrawal :

For any purchase of a Product made on the Site, the Buyer has a right of withdrawal.

However, this right of withdrawal cannot be exercised for Orders placed for Products that have been customised according to the Purchaser's specifications, in accordance with Article L.221-28 of the French Consumer Code.

In accordance with Article L.221.18 of the Consumer Code, the consumer has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

This period shall run from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, in the case of contracts for the sale of goods. In the case of an order for several goods delivered separately, the period shall run from the date of receipt of the last good.
In the case of contracts for the regular delivery of goods over a specified period, the period shall begin from the receipt of the first goods.

In order to exercise the right of withdrawal, the consumer must inform OGO LIVING of his or her decision to withdraw from the contract by sending a letter to OGO LIVING within the aforementioned 14-day period:

  • A letter of withdrawal to the following address OGO LIVING, sas lebrun chemin du lobel 62510 ARQUES
  • or by sending any other unambiguous statement to the same address, expressing its desire to withdraw, or by e-mail via the contact form at the foot of the page.

 

If the right of withdrawal is exercised in accordance with the legal provisions, OGO LIVING will refund the Buyer all payments received from him/her, including delivery costs (with the exception of additional costs arising from the fact that the Buyer may have chosen a delivery method other than the less expensive standard delivery method offered by OGO LIVING) without undue delay and in any case no later than fourteen days from the day on which OGO LIVING is informed of the decision to withdraw from the Contract. OGO LIVING will reimburse the Customer using the same means of payment as the Customer used for the original transaction, unless the Customer expressly agrees to a different means of payment; in any case, this reimbursement will not incur any costs for the Customer.

 

It is specified that the Buyer shall bear the cost of returning the Product(s) in the event of withdrawal.

 

It is reminded that the Buyer's responsibility, in case of withdrawal after use of the Product(s), is engaged with regard to the depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, the characteristics and the good working order of this or these Products. According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for the goods offered for sale there.

OGO LIVING may postpone the refund until it has received the Product(s) ordered or until the Customer has provided proof of shipment of the Product(s), whichever comes first.

For any purchase of a Product made on the Site, the Buyer has a right of withdrawal.

However, this right of withdrawal cannot be exercised for Orders placed for Products that have been customised according to the Purchaser's specifications, in accordance with article L.221-28 of the French Consumer Code.

 

Article 9 - Guarantees - Liability :

9.1. Guarantees

 The products offered by OGO LIVING comply with current French legislation and with the standards applicable in France.

OGO LIVING is liable for defects in the conformity of the Products with the Contract, in accordance with Articles L.217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold in accordance with Articles 1641 et seq. of the French Civil Code.

When acting on a legal guarantee of conformity :

- the consumer has a period of two years from the delivery of the Product to act;

- In the event of a lack of conformity, the Customer may choose between repairing or replacing the Product.
However, OGO LIVING may not proceed according to the Customer's choice if this choice would result in a cost that is clearly disproportionate to the value of the Product or the importance of the defect. In such a case, unless it is impossible to do so, it shall proceed according to the method not chosen by the Purchaser;

- the consumer is required to prove the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

If the Customer decides to invoke the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, he/she may choose either to rescind the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.

 

To do so, the Buyer must send a written request to the following address OGO LIVING, chemin du lobel, 62510 ARQUES, stating the non-conformity or the defects found, what is desired (exchange or refund) as well as a copy of the order or the invoice to allow the processing of this request.

Reproduction of legal provisions :

Article L217-4 of the Consumer Code:

" The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility
.

Article L217-5:
" The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which was brought to the seller's attention and which the latter has accepted
"

Article L217-12:
" The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code:

" The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.

Article 1648 of the Civil Code:

" The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

9.2 Liability

OGO LIVING shall not be liable if the failure to perform or the improper performance of the Agreement is attributable to the Customer or to the unforeseeable and insurmountable act of a third party to the Agreement or to force majeure.

OGO LIVING cannot be held responsible for the Product's non-conformity with the legislation of the Buyer's country. It is the Buyer's responsibility to check whether the Product is not forbidden to be sold in his country.

OGO LIVING cannot be held responsible if the necessary reservations are not made with the carrier in the event of packaging defects (crushed/opened/wet or damaged package). It is the responsibility of the buyer to check immediately whether the product is in good condition upon receipt.

 

Article 10 - Intellectual property :

10.1. The Agreement and the sale of the Products to the Customer do not transfer any intellectual property rights to the Customer. OGO LIVING retains all industrial and intellectual property rights to the Products and related documentation.

The Buyer agrees not to infringe OGO LIVING's rights in any way whatsoever, and in particular agrees not to reproduce or imitate, directly or indirectly, in any way whatsoever, all or part of the Prototype or the Products, and not to claim any intellectual property right whatsoever on all or part of the Products.

If necessary, the Customer acknowledges that all intellectual property rights to the Products (such as drawings, trademarks, copyrights, etc.) and their adaptations, modifications, improvements belong to OGO LIVING or are reserved to it.

The stipulations and prohibitions provided for in this article shall apply for the entire duration of the intellectual property rights and for the world.

10.2. In the event that the Products are customised with the Buyer's own elements, the Buyer declares and guarantees that he/she is the owner of all rights and/or legal use of the elements that are incorporated into the Products, without reservation or claim, in particular the rights of representation and reproduction. The Buyer grants OGO LIVING the necessary rights to integrate these elements into the Products on a non-exclusive basis, in particular the rights of representation, reproduction and adaptation.

 

Article 11 - Resolutive clause :

The Order may be cancelled by the Buyer by registered letter with acknowledgement of receipt or by a written document on another durable medium in the event of :

- delivery of a product that does not conform to the declared characteristics of the Product;

- The customer is obliged to deliver within a reasonable period of time after the deadline specified in the order has expired and after OGO LIVING has been requested to deliver within a reasonable period of time without success;

- price increase that is not justified by a technical modification of the Product imposed by the public authorities.

In all these cases, the Buyer may demand reimbursement of the sum paid plus interest calculated at the legal rate from the date of collection of the sum.

 

OGO LIVING may cancel the order if the customer refuses to accept the delivery. In all these cases, the amount paid for the order remains with OGO LIVING as compensation. OGO LIVING is responsible for deducting the costs of logistics, transport and order processing.

 

Article 12 - Confidentiality :

The Customer acknowledges that OGO LIVING may provide confidential information to the Customer in the course of the Contract (hereinafter referred to as "Confidential Information"). In particular, any description or model provided by OGO LIVING to the Buyer as well as the Prototype shall be considered as Confidential Information.

The Customer shall keep the Confidential Information confidential and shall not disclose, assign, transfer or reproduce the Confidential Information to anyone in any way without the prior written consent of OGO LIVING. These obligations are without prejudice to the use of the Products as delivered.

These provisions shall remain applicable for the duration of the Contract and five (5) years from the delivery of the Products to the Buyer.

 

Article 13 - Personal data :

The nominative and personal information collected at the time of registration is necessary for the processing and management of the Contract. This information is stored and secured in accordance with legal requirements. OGO LIVING has made a declaration to the CNIL.

The person responsible for the processing is OGO LIVING.

The personal data of the Customer is only used by OGO LIVING for the purpose of processing and managing the Agreement and, if applicable, for sending commercial offers for products and services similar to those received by the Customer.

In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, known as the "Informatique et Libertés" law, the Buyer has the right to access, modify, rectify or delete personal data concerning him/her at any time. They may also object to the processing of data concerning them.

The Customer may exercise his rights by sending a letter to OGO LIVING, if possible indicating his customer references, to the address mentioned in the header of these GTC.

The Buyer also has the possibility of objecting to the use of his/her details each time a message is sent to him/her. To do so, he/she simply needs to click on the link provided for this purpose on each email sent or on the Site or to send a request via the contact form .

 

Article 14 - Miscellaneous provisions :

The fact that OGO LIVING does not take advantage of any of the provisions of the Agreement shall not be construed as a waiver of its right to take advantage of any of the provisions at a later date.

If one of the provisions of the Contract is declared null and void or ineffective, this provision shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null and void or ineffective was essential and determining.

 

Article 15. Applicable law :

The validity, performance or non-performance, interpretation and termination of the Contract, including the GTC, shall be governed by French law.

 

Article 16. Complaints - Mediation :

16.1 In the event of a dispute or claim, the Customer must first contact OGO LIVING via the contact form at the bottom of the page and/or by mail at : OGO LIVING, sas lebrun, chemin du lobel 62510 arques, stating the references of the Order and the subject of the claim.

16.2. If a complaint to OGO LIVING fails to materialize or if OGO LIVING does not respond within two months, the Customer may submit the dispute with OGO LIVING to a mediator who will attempt to bring the parties together in an independent and impartial manner in order to reach an amicable solution.

In order to submit its request for mediation, the Buyer may thus have recourse to the CAREN, the mediation centre:

The parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Buyer is also informed of the possibility of having recourse to the online alternative dispute resolution platform set up by the European Union and accessible at the following address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR