Terms of Sales
1. FIELD OF APPLICATION
The T&Cs below apply to all orders placed on our online store. Our online store is aimed exclusively at consumers.
A “consumer” is defined as “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity”. A “professional” is defined as “any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, including when he acts in the name of or for the account of another professional”.
2. CONCLUSION OF THE CONTRACT
The sales contract is concluded with ORMAIN. In accordance with the provisions of the civil code on the conclusion of online contracts, after viewing the details of your order, and in particular its total price, you will have the possibility of correcting any errors. Then, the contract will be concluded when you click on the button allowing you to confirm your order and acknowledge your payment obligation.
3. CONTRACTUAL LANGUAGE(S) AND REGISTRATION OF THE TEXT OF THE CONTRACT
The language available for the conclusion of the contract is French
4. SALES PROCESS
4.1 The seller offers one or more part(s) for an estimate. The first step is to complete the form available on the ORMAIN website. Information as well as photos are necessary so that our sales team can provide a price estimate as quickly as possible. It is also possible to make a written request directly via the contact form or by WhatsApp on +(33)7 49 94 89 09.
4.2 The ORMAIN team of experts carefully examines the elements provided concerning the part(s) offered by the seller within 48 hours. If the product complies with the requirements of our team, a commercial offer, adapted to the description of the product(s) is delivered. The commercial offer is sent by email and is accompanied by the sales mandate or sales contract. The seller can decide to sell the item(s) offered directly, or he can choose the deposit principle.
4.3 The seller may accept or refuse the deposit conditions proposed by ORMAIN.
4.4 If the seller accepts the conditions of sale, he returns by email confirmation of acceptance of the conditions of deposit or sale proposed by ORMAIN. Within 48 hours following acceptance of the commercial proposal, ORMAIN initiates the collection of the object by a specialized carrier. The seller then receives an email from the carrier with the shipping slip to paste and an electronic link to schedule the collection of the item on the date and location of their choice. Transportation costs to our premises are prepaid by ORMAIN. The seller will deliver the package to the carrier. It is also possible to send the package by any other means to the address which will be given in this specific case.
4.5 Upon receipt of the product at our premises, the expert team authenticates the part(s) sent in order to confirm the estimate. At the end of the expertise, a certificate of authenticity is issued, guaranteeing that no product is a counterfeit and that it conforms to the description provided by the seller. Otherwise, the part will be returned to the seller at his expense. ORMAIN then carries out the photoshoot, putting the product online as well as all the necessary marketing actions in order to sell the product(s) as quickly as possible.
4.6 Once the product is sold, it is sent according to the buyer's choice. The amount of the transaction is sent to the seller, after deduction of the commission proposed in the deposit mandate and the prepaid shipping costs, after expiry of the buyer's fourteen clear day withdrawal period, within 10 days maximum.
4.7 If the item(s) entrusted by the seller did not find a buyer under the conditions indicated in the sales mandate, generally 30 days, ORMAN could offer the seller to renew the contract under the same conditions. Also, ORMAIN may propose to the seller a revision of the initial price. This reduction will be displayed on the site and materialized in the online sales catalog as well as product sheets in order to accelerate the sale of the product.
Furthermore, if the item(s) remain unsold under the conditions indicated in the sales mandate after 30 days after being put online on the site and the seller will then have, if he so requests, the option of immediately collect the product(s); shipping costs being entirely the responsibility of ORMAIN.
5. DELIVERY CONDITIONS
Shipping costs are added to the product prices indicated. Further information on the amount of shipping costs is provided to you with the offers. All orders are shipped. You cannot collect your order directly from our premises. The products offered for sale on our site cannot be delivered to automatic lockers.
6. PAYMENT
In principle, the following payment methods are available to you in our store:
PAYMENT BY BANK CARD (Shopify Payment)
Payment by card is entrusted to the Shopify company. Entering your credit card number as well as its expiration date and cryptogram is done on a highly secure page directly at Shopify. The ormain.com site does not store any card numbers.
The debit on the customer's bank card will be made in euros upon acceptance of the order by Shopify.
PAYMENT IN SEVERAL INSTALLMENTS (Alma)
Payment in installments/deferred is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
- P2X: Only purchases between €50 and €4,000 are eligible for payment with Alma.
- P3X: Only purchases between €50 and €4,000 are eligible for payment with Alma.
- P4X: Only purchases between €50 and €4,000 are eligible for payment with Alma.
Costs
Payment in installments/deferred is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
- P2X: 3.92% per transaction
- P3X: 4.18% per transaction
- P4X: 4.85% per transaction
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.
Termination
Any termination of the T&Cs which bind the Seller and the customer, results in the termination of the T&Cs between Alma and the customer.
7. RESERVATION OF OWNERSHIP
We remain the owners of the goods until full payment in the case of a direct sale.
8. DAMAGE INCURRED DURING TRANSPORT
In the event that goods are delivered to you with visible damage occurring during transport, please make a complaint about said defects as soon as possible to the delivery person and contact us without delay.
9. WARRANTIES AND COMPLIANCE
The law regarding legal guarantees applies.
Legal guarantee of conformity:
The legal guarantee of conformity is provided for in articles L.217-4 et seq. of the Consumer Code.
Under the legal guarantee of conformity we are required to respond to defects in conformity of the goods sold present at the time of delivery under the conditions of article L.217-4 of the Consumer Code. However, we are not bound by the public statements of the producer or his representative if we do not know them.
When the consumer acts under the legal guarantee of conformity, he benefits from a period of 2 years from delivery of the good to act; he can choose between repair and replacement of the good, subject to the cost conditions provided for by article L 217-9 of the Consumer Code. The consumer is exempt from providing proof of the existence of the lack of conformity of the good during the 24 months following delivery of the good, except for goods acquired second-hand for which a period of 6 months is valid. The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Legal guarantee against hidden defects: The consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code within 2 years from the discovery of the defect. Under the legal guarantee of hidden defects we are required to respond for hidden defects in the item sold which make it unfit for the use for which it is intended or which reduce this use to such an extent that the buyer would not have acquired it or would have given a lower price if he had known them. In this case, the consumer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
You will find on the online store, for each product a specific information sheet as well as information relating to specific additional guarantees that may apply to the product.
The products sold on the site are all second-hand: ORMAIN is not a partner of any brand present on the site. On each product sheet, you will find the status assigned to the product in question. At ORMAIN, we favor parts in very good condition, which is why we offer the following quality scale:
- Never worn : the item has never been worn, it has no defects.
- Excellent condition : the item may have been worn. If it is a pair of shoes, it is possible that the sole has been very slightly damaged following a fitting for example.
- Very good condition : the item has no particular defects, the general condition is excellent but there may be minor defects which are obviously mentioned in the product sheet.
- Good condition: the item has some signs of wear or some defects which are mentioned in the product sheet.
10. DISPUTE SETTLEMENT
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: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can submit your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la Libération - 42400 Saint-Chamond