Terms of Sales
PREAMBLE
These terms and conditions of sale are concluded exclusively between the brand " OFFKA " (The seller) represented by the company LB Entreprise registered under the number siret 90934752800038, whose registered office is located at 1050 Route de la Mer 06410 Biot , and any natural person making the purchase of one or more products put on sale in the shop area of the Site, hereinafter referred to as "The customer".
Article 1: PURPOSE
These General Terms and Conditions of Sale aim to define the contractual relationship between OFFKA and the Customer and the conditions applicable to any purchase made through the website www.offka.co
The sale is reserved for customers who are of legal age or minors with parental authorization.
By accepting these Terms and Conditions of Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to purchase from this online sales site.
The Terms and Conditions may be subject to change; the applicable terms are those in effect on the Site on the date your order is placed. It is therefore the Customer's responsibility to refer to them each time you confirm your order.
Article 2: PRODUCT DESCRIPTION
The items available for sale are those listed on the Site.
Each product presented on the Site is accompanied by a description outlining its main characteristics.
The photographs of the products sold on the Site are as accurate and true to reality as possible but cannot guarantee a perfect similarity with the product offered, particularly in terms of colours which may be slightly different due to internet transmission and equipment.
When printing the fabric, the pattern is printed continuously and, during cutting, the pattern may not always be positioned in the same place.
OFFKA reserves the right to withdraw from sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.
In the event that an item is unavailable after an order has been placed, the customer will be informed by email , and their order will therefore be automatically cancelled and the corresponding amount refunded.
Article 3: PRICE
All product prices are shown in euros, inclusive of all taxes (VAT), but excluding specific shipping costs. The shipping costs are specified on the Website before order confirmation.
However, if the purchase is made by a Buyer residing outside the European Union, French VAT is not due, and the Buyer will be responsible for paying the taxes applicable in their country of residence. This amount is calculated automatically on the invoice.
The seller reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.
The Items remain the sole property of OFFKA until full payment of the price, which the Customer acknowledges and accepts.
Article 4: ORDERS
To order Products on the Website www.offka.co , the customer must provide a valid email address and delivery address, and acknowledges by these general terms and conditions of sale that any exchange with the seller may take place via this address.
The Customer agrees to provide complete and accurate personal information that will allow for their precise identification in any situation. Any fictitious or defamatory personal information may result in the closure of the Customer's account and the cancellation of their Order.
When placing an order, the Customer must select the desired items and indicate the quantities. The Customer can review the order details and total price, and return to previous pages to correct the contents of their shopping cart if necessary, before confirming the order and proceeding to payment. After the Seller confirms the order, the Customer receives an email confirmation.
OFFKA will be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these General Terms and Conditions of Sale.
The customer accepts these general terms and conditions of sale when placing an order.
Article 5: PAYMENT AND SECURITY
Payment is due immediately upon ordering by credit card (CB, Visa, American Express, MasterCard). The customer's credit card is debited for the full amount at the time of order confirmation, and payments made cannot under any circumstances be considered as a deposit or down payment.
By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the legal cardholder and are legally entitled to use it. In the event of an error or if the card cannot be debited, the sale is automatically cancelled and the order voided.
OFFKA uses Stripe and ApplePay online payment solutions.
They are secured by a solution that features highly secure pages for entering payment data: card number, expiry date and visual cryptogram.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and making it inaccessible to any third party.
Article 6: SHIPPING AND DELIVERY
The online sales offers presented on the site are open to consumers residing in France, the European Union and outside the European Union.
Orders placed on the website www.offka.co are shipped within 24 to 72 hours (depending on the period) from Monday to Friday. Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day.
Thanks to the shipping number, the Customer can track the progress of their package on the website of the carrier chosen by the Customer.
The Customer will receive an order number by email confirming that their order has been successfully processed. The Customer will be kept informed of the various stages of their order by email.
If the delivery address provided by the Customer is not valid and therefore results in the package being returned for non-receipt at the address provided, the costs of reshipping the package to the new address provided will be borne by the Customer.
Delivery times are given as an indication only; if they exceed thirty days from the date of the order, the sales contract may be cancelled and the buyer refunded.
RECEPTION:
The Customer assumes full and exclusive responsibility for the risks relating to the Items from the moment of their delivery.
It is the Buyer's responsibility to check the condition and any damage affecting the Items upon receipt.
Similarly, he must verify that the delivered items conform to what was agreed upon at the time the order was placed, and that the quality, quantity and references of the products are respected.
The Buyer acknowledges having fully checked these aspects of the Products ordered at the time of delivery.
The Buyer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.
Any remarks must be reported to the carrier and noted on the delivery slip.
The phrase "subject to unpacking" is not accepted and does not cover the Buyer in any way in case of damage found subsequently, after unpacking their package.
If a problem arises with a Product (tear, stain, etc.), the Buyer must refuse delivery of the damaged Product during transport, have the delivery driver countersign the delivery note, and retain a copy. In this respect, OFFKA disclaims all liability for any damage discovered after the transfer of ownership upon delivery.
Strict adherence to these recommendations will lead to a swift and effective resolution in the event of a delivery problem, and will allow the Buyer to calmly approach the receipt of their Products.
Shipping costs and delivery times can be found in the "Shipping and Returns" section at the bottom of the website. Delivery times are estimates only; if they exceed thirty days from the date of the order, the sales contract may be cancelled and the customer refunded .
In the event of refusal to accept or failure to collect the package within the allotted time, the return costs incurred will be automatically deducted from the refund amount.
For orders shipped outside the European Union, customs fees may be applied by the carrier according to local legislation. It is the customer's responsibility to be aware of the regulations in the territory concerned and to pay these fees if applicable.
Article 7: RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) working days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty.
Product returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold as new; they must be accompanied by a copy of the proof of purchase.
OFFKA reserves the right to refuse reimbursement for the returned Product if the aforementioned conditions are not met.
The right of withdrawal can be exercised by contacting the Company by email: client@offka.co, the return must be made to the address indicated on the return email.
Under the right of withdrawal, the costs and risks associated with the return remain the responsibility of the Customer, as well as any customs fees related to the return of a product from a foreign country.
Sales made during clearance periods or other promotional offers are neither exchangeable nor refundable.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 8: AFTER-SALES SERVICE
For any information or questions, for order tracking, to exercise the right of withdrawal or to make a warranty claim, the customer must contact customer service by email at the following address:
Email address: client@offka.co
Or by filling out the contact form located on the website's contact page.
Article 9: GUARANTEES
All products offered on the website www.offka.co are covered by the legal guarantee stipulated in Articles 1641 et seq. of the French Civil Code. In the event of a product being non-compliant, it may be returned to the seller. who will take it back, exchange it or refund it.
If you receive a defective item in your order, please email us at client@offka.co Please include your order number to notify us of the problem. We will then take the necessary steps to resend your package or process a refund for the item.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation service. The designated mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can submit your complaint on their website: https://cnpm-mediation-consommation.eu or by mail to: CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond, France
Article 10: INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, and images reproduced on the website www.offka.co are protected by copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to any different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the www.offka.co website , whether in the form of photos, logos, visuals, or text, is strictly prohibited without prior written consent.
Article 11: LIABILITY
OFFKA is only bound by an obligation of means for all stages of website access, the ordering process, delivery, customer service, and after-sales services. OFFKA's liability cannot be held liable for any inconvenience or damage inherent in the use of the internet network, including data loss, intrusion, viruses, service interruption, and other unintentional problems , or for any event classified as force majeure, in accordance with case law.
In the event of force majeure as recognized by French courts, the Parties shall be entitled to cancel any obligation incumbent upon them under these General Terms and Conditions.
Force majeure includes, in particular, any event beyond the control of the Parties which prevents the Parties from performing their obligations or which deprives the General Terms and Conditions of cause or purpose.
Computerized records kept in OFFKA's information systems under reasonable security conditions will be considered as proof of communication, orders and payments made between the Brand and the Customer.
Article 12: COMMERCIAL OFFERS AND NEWSLETTER
OFFKA may send commercial offers to Customers by mail, email, SMS, telephone or via all web spaces operated by OFFKA on social networks, subject to prior acceptance.
The Customer has the right at any time to object, free of charge, to receiving commercial prospecting communications by clicking on the "unsubscribe" link in each email.
Article 13: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
By agreeing to these general terms and conditions of sale, the Customer consents to the collection and use of their personal data by OFFKA , the data controller, for the purposes of the performance of this contract.
All personal data concerning the Client is treated with the strictest confidentiality, in accordance with the General Data Protection Regulation (GDPR) and Law No. 78-17 of 6 January 1978 as amended.
The Customer's personal information and data are necessary for order management, customer relationship management, and the communication of commercial information that may be of interest to them. This information may be transmitted to service providers and contractual partners involved in order processing.
The data is kept for the duration necessary for the management of the business relationship and in compliance with legal and regulatory obligations.
In accordance with applicable legislation, the Client has the right to access, rectify, erase, object to, limit the processing of, and obtain a right to data portability.
To exercise their rights, the Customer may send a request by email to hello@offka.co. All requests must be accompanied by proof of identity. A response will be provided within a maximum of two months.
Article 14: COOKIE POLICY
On the website www.offka.co we use cookies to facilitate the link between our visitors and our content and to allow the compilation of statistics on the visits we receive.
Cookies on this site are used to collect information about how you interact with our website and allow us to remember you. We use this information to improve and personalize your browsing experience. They also allow us to perform analytics and statistics relating to our visitors, both on this site and on other media.
Cookies are small data files stored in the browser used by visitors to our website. The server records that user's visit later when they access our content again. This information does not reveal their identity, personal data, or access to the content stored on their computer, but it does allow our system to identify the user as a specific individual who has previously visited our website, viewed specific pages, etc. This also allows us to record your personal preferences and technical information, such as the number of visits or pages viewed.
If you do not want cookies to be stored in your browser or if you prefer to receive a notification each time a cookie is about to be installed, you can configure your browser settings to work that way. Most browsers generally allow cookie management in three different ways:
- always reject cookies;
- the browser will ask the user to install cookies;
- always accept cookies;
- Your browser may also include the option to choose in detail which cookies you wish to install on your computer. More specifically, the user will be able to accept one of the following options:
- refuse cookies from certain domains;
- refuse third-party cookies;
- accept non-persistent cookies (which will be deleted when the browser is closed);
- allows the server to create cookies for another domain.
To allow, view, block or delete cookies installed on your computer, use the settings option of the browser installed on your computer.
You can find more information on configuring the most commonly used browsers here:
- Internet Explorer: Settings -> Internet Options -> Privacy -> Configuration. For more information, consult Microsoft support or the browser's help.
- Firefox: Settings -> Options -> Privacy -> History -> Custom settings. For more information, see Mozilla support or the browser's help.
- Chrome: Settings -> Advanced settings -> Privacy -> Content settings. For more information, see Google support or the browser's help.
- Safari: Preferences -> Security. For more information, see Apple Support or the browser's help section.
Article 15: AMENDMENT TO THE GENERAL TERMS AND CONDITIONS OF SALE
Given the possible evolution of the Site and regulations, OFFKA reserves the right to modify the general terms and conditions of sale at any time.
In the event of any changes, the general terms and conditions of sale in effect on the day of the order will apply to each order.
Article 16: APPLICABLE LAW
These terms and conditions are governed by French law. This applies to both substantive and procedural rules.
CUSTOMER ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
The Client acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Client confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
In the event of a dispute or complaint, the consumer should first contact the seller to seek an amicable solution. If no amicable agreement can be reached, in accordance with Article R631-3 of the French Consumer Code, the consumer may, in the event of a dispute, bring the matter before either the court of their place of residence or the court of the location of OFFKA's registered office.
Article 17: DISPUTES
OFFKA shall not be liable to any member or third party for any indirect damage, loss of business, profit or revenue, however caused, even if such damage, loss or injury was foreseeable by the seller, or if its possibility had been brought to its attention.
Article 18: PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
Contact
If you have any questions, please feel free to contact us at hello@offka.co