General Terms and Conditions of Sale
Last updated on 17/08/2021
Article 1 – Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to all sales made from the www.okmos.fr website, to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible on the website www.okmos.fr and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online.
Article 2 – Identity of the seller
www.okmos.fr is the commercial website of the OKMOS trademark in France.
The OKMOS trademark in France is the property of the company EMI SAS.
Head office : ZAC – 1 Avenue Euroeastpark, 68300 Saint-Louis Neuweg, France
SAS au capital social de 500 000€
RCS Mulhouse B401 881 248
E-mail address : email@example.com
Telephone number : +33 (0)3 89 70 36 70
Director : Evelyne WISSLER
Article 3 – Content and scope of application
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.okmos.fr.
The present conditions only concern purchases made by buyers located in Metropolitan France and delivered exclusively on French territory. For any delivery outside France, a message should be sent to firstname.lastname@example.org.
These purchases concern the products offered on the website www.okmos.fr :
- Electric skateboards ;
- Spare parts ;
The present general conditions of sale are addressed to a buyer who has full legal capacity.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Prior to this date, the present conditions of sale are made available to any buyer for information purposes.
Any order or immediate purchase implies unreserved acceptance of these general conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by the seller.
The buyer declares that he has read these general conditions of sale and accepted them before making an immediate purchase or placing an order. In this respect, they are opposable to him in accordance with the terms of article 1119 of the Civil Code.
Article 4 – Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code are communicated to the buyer, who acknowledges having received and read them by accepting them when placing the order.
The following information is communicated to the buyer in a clear and comprehensible manner :
- The essential characteristics of the good(s);
- The price of the good(s);
- Any additional costs for transport, delivery or postage and any other costs;
- In the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the product;
- Information about the seller’s identity, postal, telephone and electronic contact details, and activities;
- Information relating to legal and contractual guarantees and their implementation procedures;
- The functionalities of the digital content and, where applicable, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute.
The seller shall provide the buyer with the following information:
- Its name or corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address;
- The terms of payment, delivery and performance of the contract, as well as the terms and conditions laid down by the trader for dealing with complaints;
- In the case of a sale, the existence and the terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to respectively in Articles L. 217-15 and L. 217-17 of the Consumer Code.
The seller shall indicate, with regard to the digital content :
- Any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably be aware.
The website www.okmos.fr thus presents all the characteristics of its products. However, for all products for which OKMOS is not the manufacturer (wheels, belts, ball bearings, etc.), the characteristics presented are taken from the information given by the manufacturer.
The OKMOS electric skateboard complies with CE standards.
Article 5 – The order
By order, we mean any order concerning our products appearing in the seller’s price list, and accepted by the seller, accompanied by the payment of the deposit, if any, specified on the order form.
The buyer can place an order online, from the website and by means of the form that appears there, for any product, within the limits of available stocks.
The procedure to apply is as follows:
The buyer selects the product(s) he/she wishes to purchase by browsing the pages of the website www.okmos.fr. The buyer selects the product(s) and adds them to his/her cart by clicking on the “Add to cart” button. At any time, the buyer can consult and validate his/her order by clicking on the “View cart” button and then “Validate order” when on the “Cart” page.
The buyer should note that he/she can already apply a coupon code while on the “Shopping Cart” page. By following the OKMOS brand on social networks, the buyer has the chance to receive promo codes during publications or events.
After validating the order, a first page asks the buyer to enter their contact information for billing details such as: first name, last name, company name (optional), street number and name, postal code, city, phone number.
On the same page, the buyer can choose to connect to his customer account or to create one simply by entering an email address and creating a password for his account. The buyer also has the option of entering a coupon code if they have not already done so on the “Shopping Cart” page. Finally, if the buyer wishes to send their order to a different address, they can tick the corresponding box on the same page and fill in the necessary information.
To pay for the order, the buyer has the choice between :
- Selecting full payment by ticking the “Credit Card” button and will be redirected to the Monetico Payment module. By choosing this method of payment, the buyer can make his payment on the secure server of the CIC bank;
- Select the payment in 4 times by ticking the “4x Cofidis Pay” button and will be redirected to the Cofidis Pay payment module in which he/she will have to fill in his/her contact information and accept the Cofidis Pay terms and conditions.
In the event of unavailability of an ordered product, the buyer will be informed on the website www.okmos.fr.
For the order validation, the buyer will have to accept, by clicking where indicated, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.
The acceptance of the order by the seller results from the direct delivery of the ordered products.
The sale will be considered final:
- After the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- And after reception by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with under the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved or to cancel it otherwise.
For any question relating to the follow-up of an order, the buyer must contact the customer service via the following e-mail address: email@example.com.
Article 6 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall be deemed proof of the buyer’s agreement:
- Payability of the sums due under the order form;
- Signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact his banking institution to stop any fraudulent transaction.
Article 7 – Order confirmation
The seller provides the buyer with an order confirmation confirming the express commitment of the parties.
Article 8 – Correction of errors
The buyer may at any time identify and correct errors made during data entry. If the buyer notices an error after signing the contract, he/she should contact the seller via the following e-mail address: firstname.lastname@example.org.
If the request is urgent it should be made as soon as possible, as the buyer cannot guarantee that the e-mail will be treated before the order is processed. If the buyer does not contact the seller until after the order has been dispatched, the buyer will be responsible for any return costs or additional shipping costs for the products. However, if the buyer contacts the seller before the order is shipped, the seller will do its best to modify the order until it is shipped.
Article 9 – Proof of the transaction
The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
The buyer has the right to access his invoices free of charge for orders of €100 or more. For more information, the buyer can contact the seller via the following e-mail address: email@example.com.
Article 10 – Product information
The products governed by these general conditions are those which appear on the seller’s website and which are indicated as being sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 11 – Price
The products are supplied at the prices in force appearing on the website www.okmos.fr, at the time the order is registered by the seller.
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are expressed in Euros, excluding and including VAT. Any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website www.okmos.fr and calculated before the order is placed.
The prices take into account any discounts that may be granted by the seller on the website www.okmos.fr.
The payment requested from the buyer corresponds to the total amount of the purchase, including costs.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the products.
The price is payable in full and in a single payment according to the following methods: bank transfer.
But the price is also payable according to the following schedule: payment in 4 instalments by bank transfer, 1st amount at the time of ordering then an automatic debit of an amount each month for 3 months.
Article 12 – Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To pay the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form.
The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorize payment by bank card by the officially accredited organizations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Payments made by the buyer will only be considered final after the seller has effectively collected the sums due.
An invoice will be sent to the buyer on request.
Article 13 – Availability of products / Refund / Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below.
The delivery times run from the date of registration of the order indicated on the order confirmation email.
The costs and risks associated with the delivery of the products are the exclusive responsibility of the seller.
In the event of failure to comply with the agreed delivery date or delivery period, the buyer shall, before rescinding the contract, request the seller to perform the contract within a reasonable additional period.
Failing this, the buyer may terminate the contract, under the conditions of Articles L. 216-2, L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the trader to carry out the delivery or provide the service within a reasonable additional period of time in the same way, the trader has not done so within that period.
The contract shall be deemed to be terminated upon receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
However, the buyer may immediately rescind the contract where the trader refuses to deliver the goods or provide the service or where he fails to perform his obligation to deliver the goods or provide the service by the date stipulated, if that date or time constitutes an essential term of the contract for the buyer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, including delivery costs, without unjustified delay and at the latest within 14 days from the date on which he is informed of the consumer’s decision to withdraw (Article L. 221-24 of the Consumer Code).
In accordance with Article L.242-4 of the Consumer Code, if the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased by :
- The legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14-day period stated above;
- 5% if the delay is between 10 and 20 days;
- 10% if the delay is between 20 and 30 days;
- 20% if the delay is between 30 and 60 days;
- 50% if the delay is between 60 and 90 days;
- And five additional points for each new month of delay up to the price of the product, then the legal interest rate.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
Article 14 – Cancel of the order
In the event of cancellation of the order by the buyer, after acceptance by the seller and after the legal retractation period of 14 days, for any reason whatsoever except force majeure, a sum of 200 euros shall be acquired by the seller, by way of damages, in reparation for the loss thus suffered, and the return of the product shipped shall be required.
Article 15 – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller’s bank.
Shipping costs are at the buyer’s expense for orders of electric skateboards and spare parts or accessories. These costs will be estimated according to the weight of the buyer’s order and its destination.
For deliveries in metropolitan France, the delivery time is 5 to 7 working days after receipt of the buyer’s payment by the seller.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that it is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and during the time indicated. The seller cannot be held responsible if the buyer is absent when the products are delivered.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery form, damaged package, broken products…).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site’s legal notices.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 7 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 16 – Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer’s option :
- Telephone number: +33 (0)7 89 03 20 72 ;
- E-mail address: firstname.lastname@example.org.
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been allocated.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered post, to the following address ZAC – 1 Avenue Euroeastpark, 68300 Saint-Louis Neuweg, France.
The return costs are to be paid by the seller.
Article 17 – Transfer of risk
The seller is relieved of the responsibility for delivery, which is entrusted to an independent carrier.
The seller shall nevertheless indicate the delivery address to the carrier.
La livraison est réputée effectuée dès la remise des produits commandés par le vendeur au transporteur.
Under these conditions, the buyer has no recourse in warranty against the seller in case of default of delivery of the transported goods.
Article 18 – Product warranty
The buyer benefits from 2 compulsory guarantees, the conditions of which are provided for by law: the legal guarantee against hidden defects and the legal guarantee of conformity. These two legal guarantees do not really apply to electric skateboards because they are subject to strong restrictions of use that can cause obvious wear. OKMOS offers the purchaser a 1-year commercial warranty, but subject to conditions.
18.1. Legal Warranty of Conformity and Legal Warranty of Hidden Defects
OKMOS, 1 Avenue Euroeastpark, 68300 Saint-Louis Neuweg (France), is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- The buyer has a period of 2 years from the delivery of the goods to act;
- The buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- The buyer is required to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods;
- To benefit from the legal guarantee of conformity, the product must be in new condition, i.e. without any trace of wear and tear and in its original packaging with all its accessories;
- The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- This guarantee is not transferable on products sold second-hand.
The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.
In case of implementation of the legal guarantee against hidden defects, it is recalled that :
- The buyer has a period of 2 years from the discovery of the defect;
- The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code;
- Several conditions must be met: the defect was hidden, it existed at the date of purchase and it makes the product unusable;
- To benefit from the legal guarantee against hidden defects, the product must be new or close to new;
- This guarantee is not transferable on products sold second-hand.
The seller certifies to the buyer that, in the context of processing a legal guarantee file, it will proceed according to the rules of the art as for a commercial guarantee but by respecting the administrative procedures which will have the consequence of increasing the response and resolution times.
18.2. Commercial warranty
The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article L. 217-4 of the Code of Consumption and the guarantee of the defects of the thing sold of articles 1641 and following of the Civil code.
The commercial guarantee applies under certain conditions to all electric skateboards purchased from the www.okmos.fr website. It is limited to the electric skateboards sold by OKMOS. The commercial warranty starts from the date of invoice, the buyer must be able to prove his purchase with the invoice or the order confirmation.
The buyer is expressly informed that the seller is not the producer of all the products presented in the sense of the law n° 98-389 of May 19, 1998 concerning the responsibility for defective products. For all these other products sold on the site www.okmos.fr, no commercial guarantee is offered insofar as the legal guarantees of conformity and hidden defects are sufficient.
The cost of return during the warranty period is at the expense of OKMOS in Metropolitan France. The buyer is requested not to take any action before receiving the return slip.
The deck (board + closing plate excluding inserts, screws and PUR gasket) of OKMOS electric skateboards is guaranteed for life under certain conditions. The warranty on the deck (board + closing plate excluding inserts, screws and PUR gasket) does not cover the following items:
- Excessive load on the assembly ;
- Rain, snow and moisture;
- Any impact resulting in irreversible damage;
- Normal wear and tear of the board such as scratches.
In addition, electric skateboards purchased from https://www.okmos.fr carry a 12 month commercial warranty on all of the following items:
- Battery: 12 months warranty (except in case of visible and obvious defect due to humidity or shock). To avoid any doubt, acceptance of these terms and conditions means that the purchaser accepts that the electric skateboard battery is a consumable;
- Battery charger: 12 months warranty (except in case of visible and obvious defect due to humidity or shock);
- Remote control: 12 months warranty (except in case of visible and obvious defect due to humidity or shock);
- Motor: 12 months warranty (except in case of visible and obvious defect due to humidity or shock);
- Electronic controller: 12 months warranty (except in case of visible and obvious defect due to humidity or shock).
However, the conditions of eligibility for the commercial guarantee offered by OKMOS are as follows:
- The buyer undertakes to be truthful about the consequences of reporting a defect;
- The buyer undertakes not to disrespect the OKMOS team;
- The defects reported must be in accordance with the reporting process outlined in these terms and conditions;
- The buyer must contact customer service before deciding to post the defect on social networks.
The seller specifies that all buyers are free to write and post whatever they wish on the social networks of their choice and to use the tone that suits them. It is reminded that all buyers are eligible for the commercial warranty; in the event that an exclusion decision or a termination of the warranty should be applied, OKMOS customer service will send written proof with the triggering fact.
The following are the triggers for exclusions and terminations of warranty eligibility
- The buyer has deliberately damaged the image of the OKMOS brand by denigrating its products on social networks without having taken the trouble to contact customer service beforehand as expected in the event of a proven defect;
- The buyer lied about the consequences of reporting a defect;
- The buyer did not bother to follow the reporting process and disrespected the OKMOS team.
The commercial warranty offered by the seller does not cover all the wear and tear elements of the electric skateboard which are and will be subject to the consequences of the practice and use of the product. It is thus reminded that the following are excluded from this warranty
- The grip ;
- The trucks and their components;
- The wheels;
- The bearings;
- The belts;
- The motor & wheel pulleys;
- The screws and bolts of the whole electric skateboard.
Furthermore, the seller excludes from the commercial guarantee the electronic elements in case of improper use (use in the rain, in puddles, cleaning with a water jet, use by two people, on slopes or climbs with too great a difference in level), without maintenance, intensive use without care, or in the case of improper storage. It should also be noted that the seller will void the commercial warranty if the buyer has opened the cover plate, modified or opened the electronic components.
Any repair work carried out by the seller’s technical department does not give rise to an extension of the commercial guarantee. No commercial guarantee is therefore given on mechanical or electrical parts or on repairs outside the guarantee period.
Article 19 – Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 7 days of the notification to the seller of the buyer’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal can be used by contacting the seller by registered letter with acknowledgement of receipt to the following address ZAC – 1 Avenue Euroeastpark, 68300 Saint-Louis Neuweg, France. In this case, an acknowledgement of receipt on a durable medium will be sent to the buyer. No other method of declaration of withdrawal is accepted.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed to the buyer.
The buyer is responsible for the return costs.
The reimbursement will be made within 14 days of the seller receiving the products returned by the buyer under the above conditions.
Article 20 – Responsability
The seller certifies that the products offered on the site www.okmos.fr comply with the French legislation in force and the standards applicable in France. It should be noted that the electric skateboard is a motorised personal mobility device (MPMD) which can be dangerous in the event of a fall, collision or misuse, in the same way as any alternative mode of transport. For this reason, by deciding to ride an electric skateboard, the buyer accepts that he/she may fall and be injured. The seller, OKMOS, can in no way be held responsible for any damage that may occur due to the purchase and use of the product it sells.
Article 21 – Force majeure
All circumstances beyond the control of the parties that prevent the execution of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 22 – Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 23 – Data processing and liberties
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the nominative data requested from the buyer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.okmos.fr meets the legal requirements in terms of personal data protection, the information system used ensuring optimal protection of this data.
The buyer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised under the conditions and according to the procedures defined on the website www.okmos.fr.
Article 24 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 25 – Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 26 – Title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses and one of the clauses, the titles shall be declared non-existent.
Article 27 – Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 28 – Mediation
The buyer may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
CNPM MEDIATION CONSOMMATION
27, avenue de la Libération
Telephone : +33 (0)9 88 30 27 72
Member number : CNPM12800
Article 29 – Applicable law
These general terms and conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
Article 30 – Jurisdiction
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, the seller elects domicile at 1 Avenue Euroeastpark, 68300 Saint-Louis Neuweg, France.