PREAMBLE
These terms of sale are concluded exclusively between the brand “OFFKA” (The Seller) represented by the company LB Entreprise, registered under SIRET number 90934752800038, with its registered office located at 1050 Route de la Mer 06410 Biot, and any natural person purchasing one or more products offered for 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 relations 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 of legal age or minors with parental authorization.
By accepting these General 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 under your care to purchase on this online sales site.
As the GTC may be subject to modification, the applicable conditions are those in force on the Site on the date of placing your order. It is therefore the Customer's responsibility to refer to them each time an order is confirmed.
Article 2: PRODUCT DESCRIPTION
The Items available for sale are those that appear on the Site.
The Products presented on the Site are each subject to a description, mentioning their main characteristics.
The photographs of the products sold on the Site are as accurate and faithful to reality as possible, but cannot ensure perfect similarity to the offered product, particularly in terms of colors, which may differ slightly due to internet transmission and hardware.
When printing the fabric, the pattern is printed continuously, and when cutting, the pattern may not always be positioned in the same place.
OFFKA reserves the right to remove any Item from the Site at any time and/or to replace or modify any information associated with the Items appearing on this Site.
In the event of an Item being unavailable after an Order has been placed, the Customer will be informed by email, and their order will therefore be automatically canceled and the corresponding amount refunded.
Article 3: PRICE
All product prices are indicated in euros, inclusive of all taxes (TTC) and excluding specific shipping costs. The amount of shipping costs is specified on the Site before validation of the Order.
However, in the event of a purchase by a Buyer residing outside the European Union, French VAT is not due, and the Buyer will be required to pay the taxes in force 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 listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Items remain the entire 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 through these general terms and conditions of sale that any communication with the seller may take place using this address.
The Customer agrees to provide complete, accurate personal information that allows for their precise identification in any situation. Any fanciful or libelous personal information is likely to result in the closure of the Customer's account and the cancellation of their Order.
When placing an order, the Customer must select the chosen Items and indicate the desired quantities. The Customer has the option to check the details of their order and its total price, and to return to previous pages to potentially correct the contents of their cart, before validating it and proceeding to payment. After validation of the order by the Seller, the Customer receives a confirmation by email.
OFFKA will be entitled to refuse any order placed by a customer with whom there is a dispute regarding 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 ordering.
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 at the time of order validation for the full amount, and the sums paid cannot at any time 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 indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error or inability to debit the card, the Sale is immediately canceled by operation of law and the order is voided.
OFFKA uses the online payment solutions Stripe and ApplePay.
These are secured by a solution that features highly secure pages for entering payment data: card number, expiration date, and visual cryptogram.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality, rendering it inaccessible to third parties.
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 site 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 the first following business day.
Using the tracking number, the Customer can follow 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 its proper processing. The Customer will be informed of the various stages of their Order by email.
If the delivery address provided by the Customer is invalid and therefore results in the return of the package due to non-receipt at the indicated address, the costs of reshipping the package to the new provided address will be borne by the Customer.
Delivery times are given for information purposes only; if these exceed thirty days from the date of the order, the sales contract may be terminated and the buyer refunded.
RECEIPT:
The Customer assumes full and exclusive responsibility for risks related to the Items from the moment of their delivery.
It is the Buyer's responsibility to check the condition and any potential damage to the Items upon receipt.
Likewise, they must verify that the delivered Items are in compliance with 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 verified these aspects of the ordered Products at the time of delivery.
The Buyer agrees, 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 remark must be reported to the carrier and noted on the delivery slip.
The mention "subject to unpacking" is not accepted and does not cover the Buyer in the event of damage discovered subsequently, after unpacking their package.
If a problem arises with a Product (tear, stain, etc.), the Buyer must refuse the damaged Product during transport; they will have the delivery person countersign the refusal and keep a copy of the delivery slip. In this capacity, OFFKA disclaims any liability in the event of damage discovered after the transfer of ownership occurred at the time of delivery.
Strict application of these recommendations will lead to a rapid and effective settlement in the event of a problem at delivery, and will allow the Buyer to approach the receipt of their Products with peace of mind.
Shipping costs and times can be consulted in the "Delivery and return" section at the bottom of the site. Delivery times are given for information purposes only; if these exceed thirty days from the date of the order, the sales contract may be terminated and the Customer refunded.
In the event of refusal of receipt or non-collection of the package within the allotted time, the resulting return costs will be automatically deducted from the refund amount.
For orders shipped outside the European Union, customs duties may be applied by the carrier according to local legislation in force. It is the customer's responsibility to know the formalities in the relevant territory and to pay these fees if necessary.
Article 7: RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) days from receipt of their order to exercise their right of withdrawal, without having to justify their reasons.
OFFKA does not process exchanges. Articles returned within the framework of the right of withdrawal will only be subject to a refund or store credit, subject to compliance with the return conditions provided below.
Products must be returned in their original condition, complete, unworn, unwashed, undamaged, and unmodified, in their original packaging, with their labels, and, if applicable, their hygienic protections intact.
Product labels contain a barcode necessary for the identification and logistical processing of the return. They must strictly be present and attached to the returned items.
OFFKA reserves the right to refuse any return that does not comply with the conditions mentioned above, subject to applicable legal provisions.
The right of withdrawal can be exercised directly from the customer account, by accessing the relevant order and then clicking on “Request a return”. In case of difficulty, the Customer can also contact the Company at the following address: client@offka.co.
When requesting a return, the Customer is invited to indicate in the “Comment” field the desired mode of refund: STORE CREDIT or REFUND.
For returns made from France, return shipping costs are free when the Customer chooses a store credit. If the Customer chooses a refund to their initial payment method, a flat fee of €4.99 corresponding to the return costs will be deducted from the refunded amount.
After validation of the request, a prepaid return label is sent to the Customer to proceed with the return of their package.
The Customer must attach to their package the return form duly completed in accordance with the instructions provided by OFFKA.
Any customs duties or other costs related to the return of a product from a foreign country also remain the responsibility of the Customer.
Once the return has been received and checked, the refund will be made in accordance with applicable legal provisions.
Items identified as “Final Sale” or offered as part of a clearance operation are neither taken back nor exchanged.
By accepting these General Terms and Conditions of Sale, the Customer acknowledges having been informed of the procedures for exercising their right of withdrawal as well as the return costs that remain their responsibility.
Article 8: AFTER-SALES SERVICE
For any information or question, for order tracking, for exercising the right of withdrawal, or for invoking the warranty, the customer must contact customer service by email at the following contact details:
Email address: client@offka.co
Or by filling out the contact form located on the contact page of the site.
Article 9: WARRANTIES
All products offered on the site www.offka.co benefit from the legal warranty provided by articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, 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 send us an email to the address: client@offka.co containing your order number to notify us of the problem. We will then take the necessary steps to reship a package to you or proceed with the refund of the item.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The mediation entity selected is: MÉDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV. In case of a dispute, you can file your claim on its site: www.medconsodev.eu or by mail by writing to MÉDIATION CONSOMMATION DÉVELOPPEMENT - C/O Centre d’Affaires Stéphanois SAS - IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE - 3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
Article 10: INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, and images reproduced on the site www.offka.co are reserved under copyright as well as intellectual property law, worldwide. In this capacity and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any total or partial reproduction of the site www.offka.co is strictly prohibited, whether in the form of a photo, logo, visual, or text, except with prior agreement.
Article 11: LIABILITY
OFFKA has only an obligation of means for all stages of access to the site, the ordering process, delivery, customer service, or subsequent services. The liability of OFFKA cannot be engaged for any inconvenience or damage inherent to the use of the internet network, in particular loss of data, intrusion, virus, service disruption, and other involuntary problems, or any event qualified as force majeure, in accordance with jurisprudence.
In the event of force majeure as recognized by French courts, the Parties will be authorized to cancel any obligation under their charge under the GTC.
Force majeure is understood, in particular, as any event beyond the control of the Parties, which prevents the Parties from fulfilling their obligations or which deprives the GTC of cause or purpose.
The computerized registers kept in the information systems of OFFKA under reasonable security conditions will be considered as evidence of communication, orders, and payments 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 managed by OFFKA on social networks, subject to prior acceptance.
The Customer has the right at any time to object free of charge to these commercial prospecting mailings by clicking on the “unsubscribe” link appearing in each email.
Article 13: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
By adhering to these general terms and conditions of sale, the Customer consents to their personal data being collected and used by OFFKA, the data controller, for the purposes of executing this contract.
All personal data concerning the Customer is treated with the strictest confidentiality, in accordance with the General Data Protection Regulation (GDPR) and Law No. 78-17 of January 6, 1978, as amended.
The Customer's personal information and data are necessary for order management, customer relationship tracking, and communication of commercial information that may interest them. They may be transmitted to contractual service providers and partners involved in order processing.
The data is kept for the time necessary to manage the commercial relationship and in compliance with legal and regulatory obligations.
In accordance with applicable legislation, the Client has the right to access, rectify, erase, oppose, and restrict the processing of their data, as well as the right to data portability.
To exercise their rights, the Client may send a request by email to hello@offka.co. Any request must be accompanied by proof of identity. A response will be provided within a maximum period 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 for the compilation of statistics regarding the visits we receive.
Cookies on the site are used to collect information on 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 analysis and statistics regarding our visitors, both on this site and on other media.
Cookies are small data files saved in the browser used by visitors to our website. The server records this user's visit later when they access our content again. This information does not reveal their identity, nor their personal data, nor access to the content stored on that computer, but allows our system to identify the user as a specific user who has previously visited our website, viewed specific pages, etc., which also allows your personal preferences and technical information to be recorded, such as the number of visits or pages visited.
If you do not wish for cookies to be saved in your browser or if you prefer to receive information each time a cookie is to be installed, you can configure your browsing options to function in this way. Most browsers generally allow for the management of cookies in 3 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. 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 closing the browser);
- allow the server to create cookies for a different domain.
To authorize, learn about, block, or delete cookies installed on your computer, use the settings option of the browser installed on your computer.
You will 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 function.
- Firefox: Settings -> Options -> Privacy -> History -> Custom Settings. For more information, consult Mozilla support or the browser's help function.
- Chrome: Settings -> Advanced Settings -> Privacy -> Content Settings. For more information, consult Google support or the browser's help function.
- Safari: Preferences -> Security. For more information, consult Apple support or the browser's help function.
Article 15: MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Given the possible changes to the Site and the regulations, OFFKA reserves the right to modify the general terms and conditions of sale at any time.
In the event of a modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
Article 16: APPLICABLE LAW
These general terms and conditions are subject to French law. This applies to both substantive and formal rules.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CLIENT
The Client acknowledges having read these General Terms and Conditions carefully.
By registering on the Site, the Client confirms having read the General Terms and Conditions and accepting them, making them contractually bound by the terms of these General Terms and Conditions.
In the event of a dispute or claim, the consumer must first contact the seller to obtain an amicable solution. In the absence of an amicable agreement, in accordance with Article R631-3 of the Consumer Code, the consumer may, in the event of a dispute, seize either the court of their place of residence or the court of the place where OFFKA's registered office is located.
Article 17: DISPUTES
OFFKA cannot be held liable to a member or a third party for any indirect damage, any loss of operation, profit, or turnover, arising in any way whatsoever, even if this damage, loss, or prejudice was foreseeable by the seller, or if its possibility had been brought to its attention.
Article 18: PARTIAL INVALIDITY
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision by a competent court, the other stipulations will retain their full force and scope.
Contact
If you have any questions, please do not hesitate to contact us using the following address: hello@offka.co