General Conditions of Sale
Company OGA SRL with capital of 50,000 euros Head office via Giannone 10 20154 Milano Italy;
Telephone number +39 02 36554408; Email address info@ogasrl.com Milan RCS No. 1831017 Individual tax identification number IT05558140967
General conditions of sale of products sold on Ternstorefrance.com
Last updated on 01-05.2020
1 - Object
These conditions govern the sales by the company..OGA, Via Goannone 10 20154 Milano Italy of TERN bicycles and accessories.
2 - Price
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the company.
OGA . They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
OGA reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in effect at the time of validation of the order and subject to availability.
The products remain the property of OGA until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
3 - Orders
You can order:
Detail the chosen modalities, for example:
- On the Internet: www.ternstorefrance.com
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order. OGA reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
4 - Validation of your order
Any order placed on the website www.ternstorefrance.com implies acceptance of these General Terms and Conditions. Any order confirmation implies your full acceptance of these general terms and conditions of sale, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of it. The order confirmation will constitute your signature and acceptance of the operations carried out. A summary of your order information and these General Terms and Conditions will be sent to you in PDF format via the email address confirming your order.
5 - Payment
Validating your order implies for you the obligation to pay the price indicated. Payment for your purchases is made by credit card using the secure system. The card is only debited when the order is shipped. In the event of split deliveries, only the products shipped are debited.
6 - Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to provide reasons or pay a penalty. Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, you are liable. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. The return costs are your responsibility . In the event of exercising the right of withdrawal, the company OGA will reimburse the sums paid, within 14 days following notification of your request and via the same means of payment as that used when ordering. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
7- Availability
Our products are offered as long as they are visible on the website www.ternbicycles.fr and www.ternstorefrance.com and within the limit of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers. In the event of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.
8 - Delivery
The products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page. In the event of a delay in shipping, an email will be sent to you to inform you of any possible consequences on the delivery time indicated to you. In accordance with legal provisions, in the event of a delay in delivery, you have the option of canceling the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will refund it and cover the shipping costs under the conditions of Article L 138-3 of the Consumer Code. In the event of deliveries by a carrier, OGA cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals.
9 - Warranty
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded. All complaints, requests for exchange or refund must be made by email within 30 days of delivery. The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be refunded to you on the basis of the invoiced rate and the return costs will be refunded to you upon presentation of supporting documents. The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
10 - Responsibility
The products offered comply with current French legislation. OGA cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order. Furthermore, OGA cannot be held liable for damage resulting from improper use of the product purchased. Finally, OGA cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a service outage, external intrusion or the presence of computer viruses.
11 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
12 - Intellectual property
All elements of the site www.ternstorefrance.com are and remain the intellectual and exclusive property of the company .OGA. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of the company OGA.
Article 13 - Personal data
OGA reserves the right to collect personal information and data about you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you. They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
Article 14 - Archiving Proof
OGA will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. OGA's computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.