LEGAL NOTICE
These general terms and conditions of sale (hereinafter the "GTC") are offered by
FMA Concept SRL
 
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SELLER
 
FMA Concept SRL
VAT: BE 1015.441.035
Esplanade Simone Veil 1
4000 Liège, Belgium

 
Website:
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MARKETING AND WEBSITE MAINTENANCE MANAGER
 
FMA Concept SRL
VAT: BE 1015.441.035
Esplanade Simone Veil 1
4000 Liège, Belgium

Email:
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HOSTING
 
Shopify Inc.: 126 York Street, Ottawa, Ontario, K1N 5T5 | Canada
 
GENERAL TERMS AND CONDITIONS
Version dated April 1, 2022
These general terms and conditions are intended to govern the contractual relationship between the customer and FMA Concept SRL
Hereinafter referred to as the "Company";
By "Client", is meant any person, individual or company, using the services or acquiring the products of the Company.
Article 1 - General
* These general terms and conditions are intended to govern the contractual relationship between the Client and the Company.
* The Company operates an online store hosted on the website https://ohmymaille.com/ (hereinafter, the "Site").
* The Company offers, in particular, a wide range of consumer products for online purchase
* These general terms and conditions apply to any purchase made by the Client on the Site. payment and delivery.
* The general terms and conditions prevail over all other general terms and conditions or
particular ones . that he places in his shopping cart. He thus expresses his desire to place an order. 2) The Client, after registration, enters his delivery and billing details. The total amount of the order, including all taxes and shipping costs, is indicated to him. 3) After receiving a complete summary of his order, the Client confirms his willingness to proceed to the payment stage. 4) The Client is seamlessly redirected to the payment module, where he enters his payment preferences and settings. The information related to the bank card used is not known to the Company. The confidentiality of the information is thus guaranteed. Transaction fees are borne by the Company. 5) Payment is requested from the financial institution concerned. 6) The Client receives by e-mail the confirmation of the order which he can then print and keep as valid proof.







7) The Company performs after-sales processing and sends the package to the Client in accordance with the current general terms and conditions.
Namely:
* Products placed in a cart or ordered online remain the property of the Company until full payment.
* The Client remains solely responsible for his contact details. He is obliged to ensure that any necessary modifications to them are made on the Site, for example in the case of a new e-mail address. The Client must ensure that the correct information is identified when placing the order.
* The prices listed on the Site are valid on the date of consultation and are subject to change. The final price is communicated to the Client at the time of confirmation of the sale on the Site.
* The Site has been created as conscientiously as possible. It is intended to present the products offered by the Company. The information on the Site is subject to change. The Client is therefore invited to verify the information in his possession before making contact. Under no circumstances is the Company contractually bound by information made available on the Site.
* By validating his online order, the Client certifies that he is 18 years of age or older. In case of default, only the Client is responsible. The sale cannot, under any circumstances, be declared void and the Company's liability called into question for this reason.
* Clients acting in the course of a professional activity have the option of subscribing to a subscription and making a deferred payment 15 days after the order date. Any invoice unpaid within the required deadlines will automatically bear interest of 12% per annum. In case of non-payment of the invoice within 15 days of its date, the amount will also be increased by 10% as a conventional, fixed and irreducible penalty clause.
* For these clients acting professionally, the invoice is sent by email. This sending is done to the e-mail address communicated by the client when registering the account on the site. Under no circumstances can the Company be held responsible if the e-mail address provided is incorrect or has been modified by the Client. No additional payment period will be granted to the Client who has failed to provide a correct e-mail address or who has failed to modify it with the Company.
Article 3 - Client agreement and contractual documents
1. By validating his order, the Client indicates his intention to enter into a purchase contract subject to these general terms and conditions. He also certifies that all the data mentioned about him are correct and valid. The Company cannot, under any circumstances, be held responsible for errors in this regard.
Article 4 - Discounts
1. Discounts or rebates may be granted to the Client. If applicable, a specific code may be entered on the Site. These discounts or rebates do not, under any circumstances, constitute a right for the Client. They are granted taking into account the professional relationship existing between the Company and the client and/or the quantities of products ordered. These discounts or refunds are, moreover, strictly linked to the order concerned and cannot, under any circumstances, be generalized.
Article 5 - Cancellation of an order by the Company
1. In the event of cancellation of an order by the Company, for reasons beyond its control (disappearance of an ordered product, bankruptcy of a supplier, for example and without being exhaustive), the Company undertakes to offer products of equivalent nature to the Client. The latter is free to accept or refuse.
Article 6 - Deadlines and methods of delivery of products
1. The purchase confirmation mentions a delivery time. The delivery time is indicative. In case of delivery after this date, the Client does not have the possibility of considering the sale as void.
2. Orders placed on a Saturday or Sunday (and not requiring a manufacturing time) will be shipped the following Monday. Orders placed on a public holiday (and not requiring a time limit) will be shipped the next business day.
3. The Company reserves the right to charge shipping costs to the Client.
4. The delivery time does not commit the company in any way since delivery is provided by a third-party carrier. The Company's liability cannot be called into question when it does not itself take care of the delivery. Consequently, the risks related to the carrier are solely borne by the latter, from the moment the products to be delivered are handed over to him. In the event of damage to the ordered item that would be due to transport and for reasons not attributable to the Company, the latter may agree to a replacement of the Client's Order, in agreement with the latter. The replacement deadlines are identical to the initial delivery deadlines of the order.
5. Upon receipt of the order, the Client is obliged to check it before the delivery person leaves or when taking possession. Any defect must be immediately communicated to the delivery person and the order must be refused. The refused products are returned to the Company, which will examine whether its responsibility can be engaged and will, if necessary, send a new order.
6. In any event, in case of loss of an order, the Client is invited to contact the Company by email at: bonjour@ohmymaille.com
Article 7 - Right of withdrawal (if buyer = private consumer in accordance with the law)
1. The Client has a withdrawal period of 14 days for non-food products after taking possession of the Products. Return costs are borne by the Client.
2. The client must specify in his withdrawal letter his last name, first name, postal address, e-mail address, telephone number and order number and specify which product(s) will be returned.
3. This right of withdrawal can only be invoked provided that the products purchased on the Site have not been used or modified in any way and provided that the original packaging has not been damaged and the seals are intact.
4. To exercise this right, make a request via the email address "hello@ohmymaille.com"
5. This right of withdrawal allows the Client to return the items to the head office: Esplanade Simone Veil 1, 4000 Liège, Belgium at his own expense. The items must be immediately returned to the Company after submitting the request. The Company undertakes to refund all payments received by returning them to the bank account with which the online payment was made by the Client or by offering vouchers on the Site of equivalent value to the price of the returned product.
6. Provided that the right of withdrawal is exercised in the forms and conditions set out in this article, the Client will be reimbursed for his non-food purchase within 14 days of the Company's receipt of the returned product.
Article 8 - Warranty and return of defective products (applicable to consumer clients acting for
private purposes
) water, lightning, accident or any other natural disaster; (iv) any defect caused immediately or by negligence, by improper maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
3. The lack of conformity must be reported to the Company within 5 months of its discovery. Failing this, the legal warranty no longer applies.
Article 9 - Obligation of means
1. The Company is bound to the Client by an obligation of
means. The Company undertakes to make every effort to fulfill the Client's order in accordance with the Client's wishes. However, the Company is not obliged to implement means of a disproportionate nature with regard to the objective to be achieved.
Article 10 - Limitation of liability
1. The Company cannot be held responsible for any slowness or interruptions occurring during the use of the Site. The Company makes every effort to guarantee the security of the Site (particularly against viruses or other cyber crimes). Regular measures are taken to satisfy this. If necessary, in case of a security problem related to the use of the Site, the Client is invited to inform the Company of the problem. The Company will make every effort to resolve the problem immediately or, if not immediately possible, within a reasonable time.
2. The Site may contain hypertext links to other websites, to social networks as well as references to other sources of information. These links and sources of information are made available to the Client for informational purposes only. They do not imply any relationship of any kind between the Company and the referring website or social network. The Company does not control their content in any way and therefore takes no responsibility for the information contained therein, for any damage of any nature whatsoever that may arise as a result of this information.
3. The Company makes every effort to guarantee the delivery of quality products. Under no circumstances can the Company be held responsible for defects resulting from the action of a third party. In case of forgetting to select the relay point, please contact us within one hour to make the necessary changes. Otherwise, our system will automatically choose one.
4. The Company is in no way responsible for the indirect consequences of the use made of the products, particularly in the event of an allergic reaction to a component or in the event of damage resulting from abnormal, unusual or unforeseen use of the products.
5. The Company ensures the sale of products within the framework of the legislation applicable to the sale of the products concerned. In the event the Customer purchases products prohibited for sale to minors, the Company is in no way responsible for the harmful consequences to the minor resulting from the consumption of such products.
6. The Company is not responsible for the non-fulfillment of product sales due to force majeure, disruptions, public service strikes of any kind, or similar events.
7. The Company is not responsible for any damaging consequences caused to the Customer or third parties due to improper use of the purchased product. The Customer is expected to use the product in accordance with its instructions for use. Any other use is the sole and exclusive responsibility of the Customer. The Customer may not, under any circumstances, engage in commercial activity of selling or locating purchased products. The activity carried out by the Company is intended only for consumers or professionals for their own use.
8. The Company shall in no event be liable for any direct or indirect damages of any kind whatsoever that may be caused by consulting or using the data provided on the Site.
Article 11 - Intellectual Property
1. The entire content of the Company's website is its property (including the domain name, the editorial content of the Site, photos, etc., with the exception of elements expressly referring to a third party.) These contents are protected by copyright. As such, they may not be copied, reproduced, or used, whether temporarily or permanently, for purposes other than those that may be attributed to the Customer, without the authorization of the Company, owner of the website.
2. The Company cannot guarantee the compatibility of the website with all computer hardware or software used by the Customer.
3. If the Customer wishes, for any reason, to create a link to the Site from a third-party site, they are required to inform the Company in advance. The information can be sent by e-mail to hello@ohmymaille.com or via the contact form on the Site.
Article 12 - Personal Data
1. Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (GDPR) is processed in compliance with this Regulation. This data is processed and stored solely for the proper execution of the contractual relationship between the parties and is not, under any circumstances, transmitted to third parties for any other purpose. In this regard, please consult the page https://ohmymaille.com/policies/privacy-policy.
2. The data stored by the Company are: name, surname, address, email address, telephone number, bank account number.
3. The Customer has the possibility to: (i) object, upon simple request and free of charge, to the processing of their personal data, for serious and legitimate reasons, unless such objection makes the proper execution of the contractual relationship between the parties impossible; (ii) access, free of charge, their data stored by the Company and obtain the rectification of data that would be incomplete, inaccurate or irrelevant; (iii) request the deletion of their data from the Company, provided that the retention of the data is not imposed on the Company by a legal obligation; (iv) request the portability of their data held by the Company to a third party; (v) withdraw, if applicable, at any time, their consent to the processing of data based solely on consent.
4. Any request concerning the above must be sent in writing to the Company's headquarters by mail, or by email to hello@ohmymaille.com.
5. The Company may disclose personal information to third parties upon request from any authorized authority. The Company may also disclose it if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 13 - Collection of Testimonials
1. The Services performed by the Company on behalf of the Customer may, at any time, be used by the Company for reference purposes, anonymously. The Company undertakes to obtain the Customer's consent for references with explicit mention of the Customer's data.
2. The Company may ask the Customer to provide a written, oral or visual testimonial on the performance of the Services and their personal effect. The Customer remains free, at any time, to refuse to give such a testimonial. In case of acceptance, the Company invites them to formally agree in writing. Testimonials collected by the Company may be used for documentary or reference purposes.
Article 14 - Complaints
1. Any complaint from the Customer, with the exception of those possibly referred to in an article, must be made in writing no later than 7 days after the occurrence of the event giving rise to the complaint, as evidenced by the postmark. The Company undertakes to do everything possible to find an amicable solution suitable for all parties.
2. Provided that a complaint is made by the Customer within the deadlines provided above, and provided that the Company accepts it, the amount of the claim will be limited to the amount of the product concerned reduced by the actual costs borne by the Company (in particular delivery costs, if applicable).
3. Any product return, for whatever reason, is at the sole expense of the Customer. Under no circumstances will the Company cover the return costs.
Article 15 - Invalidity
1. The possible invalidity of a provision of these general conditions in no way affects the validity of all of these general conditions. If a clause is rendered void, the parties undertake to conclude a clause with a similar effect and to insert it into these general conditions.
Article 16 - Application of French Law
1. These general conditions, as well as any dispute as to their validity, interpretation or execution, are subject to French law.
2. All provisions not specified in these general conditions are governed by French law.
Article 17 - Dispute Resolution and Competent Courts
1. In the event of a dispute, mediation between the Company and the Customer is preferred. However, if no agreement is possible, the competent courts are those of the judicial district of the Company's registered office.