GENERAL TERMS AND CONDITIONS OF BUSINESS

Date of last update: [01/11/2021].

Article 1 - LEGAL NOTICES

This website, accessible at the URL https://www.the-old-money-style.de/ (the "Website"), is published by:

(hereinafter referred to as "Operator").

The operator can be reached at the following email address: theoldmoneystylede@gmail.com.

Article 2 - GENERAL PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (the "General Terms and Conditions" or the "GTC") apply exclusively to the online sale of products offered by the Operator on the Website.
The General Terms and Conditions are made available to the Customer on the Website, where they can be viewed directly, and can also be communicated to him in any form upon simple request.
The Terms and Conditions are binding on the Customer, who, by checking a box or clicking the corresponding button, confirms that he has read and agreed to them before placing an order. Confirmation of the order by confirming it is considered as acceptance by the Buyer of the Terms and Conditions in force on the day of the order, the storage and reproduction of which is guaranteed by the Operator.

Article 3 - DESCRIPTION OF THE PRODUCTS

The Website is a website for the online sale of Asian products (hereinafter "Product(s)"), open to any natural or legal person using the Website (the "Customer").

The products offered on the site are each the subject of a description and may have reviews imported from other platforms selling the same product (produced by the supplier or accessible on the manufacturer's website via a link on the site) mentioning their essential characteristics. The photographs that may illustrate the products do not constitute a contractual document. The instructions for use of the product, when it is an essential element, can be found on the site or will be sent at the latest upon delivery. The products comply with the provisions of the French law in force.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers, such as Internet providers, which are at his expense. In addition, the Customer must provide the equipment necessary to connect to the Site and assume full responsibility for it.

The Customer confirms that he has verified that the computer configuration he uses is secure and functional.

Article 4 - ORDERS

The operator endeavours to ensure optimal availability of its products. The product offers are only valid while stocks last.

If, despite the Operator's best efforts, a product turns out to be unavailable after the Customer has placed his order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

the delivery of a product that corresponds in quality and price to the product originally ordered, or

the refund of the price of the product ordered within thirty (30) days at the latest after payment of the amounts already paid.

It is agreed that the Operator shall not be liable for any cancellation compensation, except for the refund of the price of the unavailable product, if this option is requested by the Customer, unless the non-performance of the contract is personally attributable to him.

Unless otherwise specified in these General Terms and Conditions and without prejudice to the right of withdrawal provided for in applicable law, the Customer's orders are binding and final.

When placing an order, the Customer must select the products he wishes to purchase and place them in his shopping cart, indicating the products he wishes to purchase and the quantities he wishes to purchase. The Customer will have the opportunity to check the details of his order and the total price and to return to previous pages to correct the contents of his shopping cart if necessary before completing the order.

The customer undertakes to read the General Terms and Conditions in force at the time before accepting them and to confirm the terms and conditions and any delivery and cancellation fees before paying for his order. Confirmation of the order implies acceptance of the General Terms and Conditions and constitutes the contract.

A copy of these Terms and Conditions, in the version accepted by the Customer, will be sent to the Customer by email at the time of confirmation of his order for him to refer to.

Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to identify themselves in their Customer Area.

The operator reserves the right to refuse the customer's order for any legitimate reason, in particular if:

The customer violates the general terms and conditions that applied at the time of his order;
The customer's order history shows that amounts from previous orders are still outstanding;
One of the Customer's previous orders is subject to a legal dispute that is still being processed;
The customer did not respond to a request from the operator to confirm his order.

The operator archives contracts for the sale of products in accordance with applicable law. Upon request to theoldmoneystylede@gmail.com, the operator will provide the customer with a copy of the contract to which the request refers.

Any change to the order by the customer after confirmation of his order requires the consent of the operator.

The information provided by the customer when placing the order (in particular name and delivery address) is binding for the customer. The operator cannot therefore be held liable in any way if an error in placing the order prevents or delays delivery.

The Customer declares that he has full legal capacity to enter into agreements within the framework of these General Terms and Conditions.

Registration is open to adults and minors with legal capacity, provided they act under the supervision of a parent or guardian who has parental responsibility. In no case is registration permitted on behalf of third parties unless they are legally authorized to represent the person (e.g. a legal entity). Registration is strictly personal for each customer.

Should the customer violate any of the provisions stated here, the operator reserves the right to terminate the customer's account without notice.

Article 5 - PAYMENT METHODS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation that requires the payment of a price for the delivery of the ordered product.

In any case, the operator reserves the right to verify the validity of the payment by any means necessary before sending the order.

The operator uses the online payment solution Shopify Payments.

Orders can be paid using one of the following payment methods:

Payment by credit card. Payment is made directly through the secure banking servers of the operator's bank, the customer's banking details are not transmitted via the website. The banking details transmitted during payment are protected by an SSL (Secure Socket Layer) encryption process. This means that these details are not accessible to third parties.

The customer's order will be registered and confirmed once the payment has been accepted by the bank.

The Customer's account will only be debited with the corresponding amount once (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The impossibility of debiting the amounts owed will result in the immediate invalidity of the sale.

The bank card may be refused in particular if it has expired, if it has reached the maximum amount of spending to which the customer is entitled or if the data entered is incorrect.

Payment by electronic wallet (PayPal type). The customer already has an account with the electronic wallet used by the operator. The customer can use this account and pay for his order securely without communicating his bank details.

In this case, the order confirmed by the Customer will not be considered effective until the secure bank payment center has given its consent to the transaction.

As part of the control procedures, the operator may have to ask the customer for any documentation necessary to complete his order. These documents will not be used for any purpose other than these.

Article 6 - PAYMENT OF THE PRICE

The price of the products applicable at the time of the order is indicated in euros, including all taxes (including VAT), excluding delivery and transport costs. In the event of a promotional campaign, the operator undertakes to apply the promotional price to all orders placed during the promotional campaign period.

The price is payable exclusively in euros (€). The price is due in full after confirmation of the order. The prices offered include all discounts and reductions that the operator may grant.

Article 7 - Formation of the contract

The contract between the operator and the customer is concluded at the time the customer sends confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When placing an order, the Customer must confirm it using the "double click" technique, that is to say, after having selected the products placed in the shopping cart, the Customer must check the contents of his shopping cart and, if necessary, correct them (identification, quantity of selected products, price, delivery methods and costs) before confirming it by clicking on "I confirm my delivery", then he confirms accepting these Terms and Conditions as well as the fact that the Shop is only an intermediary between you and your suppliers and acts as an agent for you, before clicking on the "I pay" button, finally, he confirms his order after entering his bank details. The "double click" is considered an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The archiving of communications, order forms and invoices is ensured by the operator on a reliable and durable medium, so that a faithful and durable copy is created. These communications, order forms and invoices can be presented as proof of the contract. Unless proven otherwise, the data recorded by the operator on the Internet or by telephone constitute proof of all transactions carried out between the operator and its customers.

The order can be cancelled by the customer by registered letter with acknowledgement of receipt or by writing on another durable medium if:

Delivery of a product that does not correspond to the declared characteristics of the product;
the delivery exceeds the date specified in the order form or, if no such date has been specified, within thirty (30) days from the conclusion of the contract, after the Operator has been requested in the same way and without result to make the delivery within a reasonable grace period;
a price increase that is not justified by a technical change to the product required by public authorities.

In all these cases, the Customer may request the reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.

The order can be cancelled by the operator if:

the buyer's refusal to accept delivery;
non-payment of the price (or the remaining price) at the time of delivery.

Article 8 - SHIPPING AND DELIVERY

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member state of the European Union and for deliveries within the same geographical areas.

Delivery means the transfer of physical possession or control of the product to the customer.

The shipping costs are those indicated when completing the order and are accepted by confirming the order.

The Operator undertakes to deliver the Products within a maximum of thirty-four (34) working days following receipt of the Order, in accordance with the delivery time indicated on the Website for each Product.

Delivery times are indicated in working days on the website when ordering.

The Operator undertakes to ship the Products according to the deadlines announced on each product card and in the shopping cart, provided that the payment of the order has not been previously refused.

However, if one or more products cannot be delivered within the originally announced deadline, the operator will send the customer an email with the new delivery date.

The products will be delivered to the address indicated by the customer when placing the order. It is therefore the customer's responsibility to check this address for errors. The operator cannot be held liable if the address indicated by the customer is incorrect and this prevents or delays delivery.

Upon delivery, you may be required to sign a receipt.

Delivery is not made to a PO box.
Upon delivery, the customer must check that the products delivered correspond to his order and that the package is sealed and undamaged. If this is not the case, the customer must make a note of this on the delivery note. No complaint about the quantity or condition of the product will be admissible if the complaint has not been noted on the delivery note.
Article 9 - Right of withdrawal
If a product delivered does not fully satisfy the Customer, he may return it to the Operator within fourteen (14) days from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and to exercise this right of withdrawal under the conditions of Articles L.221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below.

The operator will send the customer a confirmation of receipt of the cancellation request by email.

Where applicable, the Customer may exercise his right of withdrawal by providing the Operator with the following information:

Name, geographical address, telephone number and email address;
Decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, provided that these contact details are available and therefore appear on the model withdrawal form). The customer can use the model withdrawal form, but is not obliged to do so.

CANCELLATION FORM

To the company mentioned in the header of this document (reproduce address) by email àtheoldmoneystylede@gmail.com :
I/we (*) hereby declare that I/we (*) withdraw the contract for the provision of the following services (*):
Ordered on (*) :
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (if this form is sent in paper form):
Date:
(*) Delete as appropriate.

The cost of returning the goods shall be borne by the customer, unless the goods cannot normally be returned by post; in this case, the operator will collect the product at its own expense.

The returned product must be returned in its original packaging, in perfect condition, suitable for resale, unused and with all accessories, if any.

In addition to the returned product, the return package must also contain a letter with the customer's exact and complete contact details (name, first name, address), as well as the order number and the original invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days of receipt of the Product and all the elements that allow the refund to be initiated to the Customer. This refund may be made using the same means of payment used by the Customer. In this regard, Customers who have paid for their order in the form of credits / gift vouchers may be refunded by credits / gift vouchers, at the will of the Operator.

By accepting these General Terms and Conditions, the Customer expressly acknowledges that he has been informed of the cancellation conditions.

ARTICLE 10 - LIABILITY AND WARRANTY

The Operator shall not be liable for any non-performance of the contract due to the Customer or due to an event deemed by the competent courts as force majeure or due to the unforeseeable and insurmountable event of a third party involved in these Conditions.

The Customer acknowledges that, due to the characteristics and limitations of the Internet, the security, availability and integrity of data transmissions over the Internet cannot be guaranteed. Therefore, the Operator does not guarantee that the Website and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted due to maintenance work, updates or technical improvements or to further develop the content and/or presentation.

The Operator shall not be liable for any use of the Website and its services by Customers that violates these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator shall not be liable for any false statements made by a Customer or their conduct towards third parties. Should the Operator be held liable as a result of such conduct by one of its Customers, the Customer undertakes to indemnify the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular legal fees, incurred in its defence.

Regardless of any additional contractual guarantee (commercial guarantee) that might be granted, the Products are subject to the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code) and to the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

If you act within the framework of the legal guarantee of conformity:

You can act within two (2) years from the delivery of the goods:
You can choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
You are exempt from the burden of proof of lack of conformity of the goods during a period of twenty-four (24) months following delivery of the goods (except in the case of used goods).

You may decide to invoke the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or a reduction of the purchase price in accordance with Article 1644 of the Civil Code.

 

ARTICLE 11 - AFTER-SALES SERVICE

The after-sales services provided by the Operator which are not covered by the commercial guarantee are the subject of a contract, a copy of which is provided to the Customer.

Complaints made under the warranty must be addressed to Customer Service at the following contact details:

Email address: theoldmoneystylede@gmail.com
Postal address: 31140

Products covered by the guarantee must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by Customer Service.

The Customer will be reimbursed for the postal costs for the return shipment no later than thirty (30) days after receipt of the Product by the Operator.

ARTICLE 12 - GENERAL PROVISION
COMPLETENESS OF THE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract that regulates the relationship between the Customer and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator in relation to their subject matter. If one or more provisions of these General Terms and Conditions are declared invalid in application of a law, regulation or as a result of a final decision of a competent court, the remaining provisions shall retain their full force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver by the other party of the right to invoke such a breach in the future.

CHANGES TO THE CONDITIONS

The operator reserves the right to change the content of the website or the services available on it at any time and without prior notice and/or to temporarily or permanently cease operation of the entire website or part of it.

Furthermore, the operator reserves the right to change the location of the website on the Internet as well as these general terms and conditions at any time and without prior notice. The customer is therefore obliged to read these general terms and conditions before using the website.

The Customer acknowledges that the Operator shall not be liable to him or any third party in any way for such modifications, suspensions or terminations.

The Operator recommends that the Customer save and/or print these General Terms and Conditions in order to keep them safe and permanently and to be able to refer to them at any time during the performance of the contract, should this be necessary.

COMPLAINT - ARBITRATION

In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution. In the event of difficulties in the application of this contract, the Customer who is a consumer also has the possibility, before any legal action, to request the use of a consumer mediator who can be identified on the website https://www.economie.gouv.fr/mediation-conso.

The mediator will attempt, in complete independence and impartiality, to bring the parties together to find an amicable solution. The parties remain free to accept or reject the use of mediation and, if mediation is used, to accept or reject the solution proposed by the mediator.

In this context, every European consumer can also use the online dispute resolution platform (ODR platform), which can be reached at the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

It is specified that the search for an amicable solution does not interrupt the "short term" of the legal guarantee nor the duration of the contractual guarantee. It is specified that, in general and subject to the assessment of the courts, compliance with the provisions of the present contract relating to guarantees presupposes that the Customer fulfils his financial obligations towards the Seller.

APPLICABLE LAW

These General Terms and Conditions are governed by French law and will be interpreted and applied accordingly.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer confirms that he has read these General Terms and Conditions carefully.

By registering on the Website, the Customer confirms that he has read and accepted the General Terms and Conditions, thereby contractually binding himself to the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available at the time of the order and of which the Customer can, upon request, obtain a copy dated that day.